Hlinka v. Bethlehem Steel Corp.

863 F.2d 279, 1988 WL 129849
CourtCourt of Appeals for the Third Circuit
DecidedDecember 8, 1988
DocketNo. 88-1347
StatusPublished
Cited by99 cases

This text of 863 F.2d 279 (Hlinka v. Bethlehem Steel Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hlinka v. Bethlehem Steel Corp., 863 F.2d 279, 1988 WL 129849 (3d Cir. 1988).

Opinions

OPINION OF THE COURT

GIBBONS, Chief Judge.

I.

Joseph W. Hlinka appeals from a summary judgment in favor of the defendants, Bethlehem Steel Corporation (BSC), the Bethlehem Pension Board, and the Bethlehem Plan Administrator in Hlinka’s suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. (1982). When reviewing grants of summary judgment, our scope of review is plenary. Goodman v. Mead Johnson & Co., 534 F.2d 566, 573 (3d Cir.1976), cert. denied, 429 U.S. 1038, 97 S.Ct. 732, 50 L.Ed.2d 748 (1977). We will affirm.

II.

Hlinka was hired by BSC on April 2, 1962. He is presently a salaried senior research fellow, and is a participant in the BSC pension plan.1 In January 1986, after twenty-four years of continuous service with the company, fifty-six year old Hlinka applied for a 70/80 retirement pension.2

[281]*281The plan administrator determined that Hlinka was not entitled to a 70/80 retirement pension because he did “not satisfy the eligibility requirements of subpara-graphs (a), (b), or (c) of paragraph 2.6 of the plan [and] with respect to paragraph 2.6(d), [the] employing company Bethlehem Steel Corporation, has not indicated that it considers [his] retirement to be in its inter-est_” Letter dated July 15,1986. Hlin-ka was provided with a description of the review procedure and was invited to submit additional information he considered relevant to his case along with a request for review. On September 15, 1986, in a meeting that Hlinka was not permitted to attend, the pension board reviewed Hlinka’s claim and upheld the plan administrator’s decision that Hlinka was ineligible for a 70/80 retirement pension.

Hlinka then brought this action. He alleges violations of sections 403, 404, and 503 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1103, 1104, and 1133 (1982).

III.

Hlinka contends that there are genuine issues of material fact which precluded the issuance of summary judgment in favor of the defendants. Summary judgment is merited when the moving party is entitled to a judgment as a matter of law because there is no genuine issue of material fact. Small v. Seldows Stationery, 617 F.2d 992, 994 (3d Cir.1980). The Supreme Court in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986), defined a material fact as one which “might affect the outcome of the suit under governing law_” A determination of materiality is contingent upon the substantive law as it determines the factual disputes crucial to the establishment of the legal elements of the claim at issue. Id.

The first “factual dispute” identified by Hlinka is the district court’s description of the 70/80 pension provision as an “early” retirement plan. The statutory language of ERISA and BSC’s pension plan stipulate that the age of “normal retirement” is sixty-five.3 Thus, allowance in the 70/80 provision for retirement at an earlier age legally creates an “early” retirement benefit. The fact that the plan does not expressly use the word “early” is not consequential.

Secondly, Hlinka challenges the district court’s finding that BSC had only twice previously used the 70/80 retirement provision. He refers to his affidavit where in paragraph six he states: “I believe and therefore aver that hundreds of persons like me, eligible for a 70/80 Retirement, were granted such benefits and that the [282]*282situation of such persons was no different than mine.” Additionally, paragraphs seventeen and eighteen contain statements that Hlinka “believe[s] and therefore aver[s]” that two high level officials are currently receiving pensions to which they are ineligible. This court in Maldonado v. Ramirez, 757 F.2d 48, 50 (3d Cir.1985), indicated that Federal Rule of Civil Procedure 56(e) requires that an affidavit in opposition to a motion for summary judgment must be based “on personal knowledge,” must establish “such facts which would be admissible” and must “show affirmatively that the affiant is competent to testify in all matters stated therein.” See also 6 J. Moore, W. Taggert & J. Wicker Moore’s Federal Practice § 56.22[1] (2d ed. 1985). The quoted assertions by Hlinka fail any of the criteria set forth in Rule 56(e).

Satisfaction of the first criteria fails because Hlinka did not establish that his affidavit was based on personal knowledge. He merely used the word “believe.” Hlin-ka asserts that the word “believe” was needlessly and unfairly underscored because the defendants frustrated and impeded his discovery efforts. He maintains that under the circumstances all he could do was to aver what he believed to be correct.

In response to his interrogatories, Hlinka was provided with facts concerning 70/80 retirements of all non-represented salaried employees from 1983 through 1986. He requested information including the retirement circumstances of various individuals as well as the salaries of certain former and present employees. The defendants sought an order pursuant to Federal Rule of Civil Procedure 26(c) that the circumstances of retirement and salaries of these individuals be kept confidential. It was felt that disclosure of such information would be an invasion of privacy. The Supreme Court in Seattle Times Co. v. Rhine-hart, 467 U.S. 20, 104 S.Ct. 2199, 81 L.Ed. 2d 17 (1984), noted that:

It is clear from experience that pretrial discovery by depositions and interrogatories has a significant potential for abuse. This abuse is not limited to matters of delay and expense, discovery also may seriously implicate privacy interests of litigants and third parties. The Rules do not distinguish between public and private information. Nor do they apply only to parties to the litigation, as relevant information in the hands of third parties may be subject to discovery.

467 U.S. at 34-35, 104 S.Ct. at 2208-09. The district court in an order denying plaintiff’s motion for reconsideration of the order of confidentiality found that the defendants had satisfied Rule 26(c) by demonstrating a “particular need for protection” from harm that was “significant, [and] not a mere trifle.”4 Cippolone v. Liggett Group, Inc., 785 F.2d 1108, 1122 (3d Cir.1986).

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863 F.2d 279, 1988 WL 129849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hlinka-v-bethlehem-steel-corp-ca3-1988.