Michael E. Nerney v. Valente & Sons Repair Shop, a P'ship, Joseph A. Valente & Mary Ann Valente, D/B/A Valente & Sons Repair Shop, 66 F.3d 25 (2d Cir. 1995). · Go Syfert
Michael E. Nerney v. Valente & Sons Repair Shop, a P'ship, Joseph A. Valente & Mary Ann Valente, D/B/A Valente & Sons Repair Shop, 66 F.3d 25 (2d Cir. 1995). Cases Citing This Book View Copy Cite
57 citation events (31 in the last 25 years) across 9 distinct courts.
Strongest positive: (PC) Perez v. Beck (caed, 2025-08-11)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
cited Cited as authority (rule) (PC) Perez v. Beck
E.D. Cal. · 2025 · confidence medium
See Lopez v. 24 Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d 25 245, 248 (9th Cir. 1995).
cited Cited as authority (rule) (PC) Ayers v. Vasquez
E.D. Cal. · 2025 · confidence medium
See Lopez v. 24 Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d 25 245, 248 (9th Cir. 1995).
cited Cited as authority (rule) (PC) Thomas v. Fernandes
E.D. Cal. · 2025 · confidence medium
See Lopez v. 24 Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d 25 245, 248 (9th Cir. 1995).
cited Cited as authority (rule) (PC) Uy v. Lopez
E.D. Cal. · 2024 · confidence medium
See Lopez v. 24 Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d 25 245, 248 (9th Cir. 1995).
cited Cited as authority (rule) (PC) Baltierra v. Warden - North Kern State Prison
E.D. Cal. · 2024 · confidence medium
See Lopez v. 24 Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d 25 245, 248 (9th Cir. 1995).
cited Cited as authority (rule) (PC) Mooney v. Macias-Carrillo
E.D. Cal. · 2024 · confidence medium
See Lopez v. 24 Smith, 203 F.3d 1122, 1127-29 (9th Cir. 2000) (en banc); Lucas v. Department of Corr., 66 F.3d 25 245, 248 (9th Cir. 1995).
discussed Cited as authority (rule) Irving H. Picard, Esq., Trustee for the Substantiv v. ABN AMRO Bank N.V. (presently known as The Royal B
Bankr. S.D.N.Y. · 2023 · confidence medium
“Undue delay and futility of the amendment, among other factors, are reasons to deny leave.” Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28-29 (2d Cir. 1995) (quoting John Hancock Mut.
discussed Cited as authority (rule) Irving H. Picard, Esq., Trustee for the Substantiv v. ABN AMRO Bank N.V. (presently known as The Royal B
Bankr. S.D.N.Y. · 2023 · confidence medium
“Undue delay and futility of the amendment, among other factors, are reasons to deny leave.” Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28-29 (2d Cir. 1995) (quoting John Hancock Mut.
cited Cited as authority (rule) (PC) White v. Krantz
E.D. Cal. · 2021 · confidence medium
See Paul v. Davis, 424 U.S. 693 (1976); also see Buckley v. City of Redding, 66 F.3d 25 188, 190 (9th Cir. 1995); Gonzaga University v. Doe, 536 U.S. 273, 279 (2002).
cited Cited as authority (rule) Philadelphia Indemnity Ins Co v. Lennox Industries, Inc.
D. Conn. · 2020 · confidence medium
Conn. 2010) (citing Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995)); see Fed.
discussed Cited as authority (rule) Graham v. Select Portfolio Servicing, Inc.
S.D.N.Y. · 2016 · confidence medium
Federal Rule of Civil Procedure 15(a) provides that leave to amend a pleading shall be “freely given when justice so requires.” See Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
cited Cited as authority (rule) Gulley v. Dzurenda
D. Conn. · 2010 · confidence medium
Id. (citing Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995)).
cited Cited as authority (rule) Trafalgar Power Inc. v. Aetna Life Insurance
N.D.N.Y. · 2008 · confidence medium
Ner ney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); Rachman Bag Co. v. Liberty Mut.
discussed Cited as authority (rule) Xpedior Creditor Trust v. Credit Suisse First Boston (USA) Inc.
S.D.N.Y. · 2005 · confidence medium
Fed.R.Civ.P. 15(a); see also Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nemey v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); In re Initial Public Offering Sec.
cited Cited as authority (rule) Colorado Capital v. Owens
E.D.N.Y · 2005 · confidence medium
Id.; Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir. 1995).
discussed Cited as authority (rule) In Re Initial Pub. Offering Securities Litigation
S.D.N.Y. · 2004 · confidence medium
C to SAC. [131] Id. ¶¶ 256, 267. [132] Id. ¶ 256. [133] Id. ¶¶ 205-06. [134] Id. ¶ 212. [135] See id. ¶¶ 276-80. [136] See id. ¶¶ 281-85. [137] See id. ¶¶ 286-90. [138] See id. ¶¶ 291-94. [139] Fed.R.Civ.P. 15(a); see also Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); In re Initial Public Offering Sec.
discussed Cited as authority (rule) Liu v. Credit Suisse First Boston Corp.
S.D.N.Y. · 2004 · confidence medium
Fed.R.Civ.P. 15(a); see also Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); In re Initial Public Offering Sec.
cited Cited as authority (rule) Stiller v. Colangelo
D. Conn. · 2004 · confidence medium
Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
discussed Cited as authority (rule) Davidson v. Conway
W.D.N.Y. · 2004 · confidence medium
Generally, the grant of leave to amend the pleadings is within idle discretion of the trial court, and it shall be “freely given when justice so requires.” Fed.R.Civ.P. 15(a); See Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330 , 91 S.Ct. 795 , 28 L.Ed.2d 77 (1971); Nermey v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
discussed Cited as authority (rule) Porter v. Selsky
W.D.N.Y. · 2003 · confidence medium
B, pp. 9-10). *188 Generally, the grant of leave to amend the pleadings is within the discretion of the trial court, and it shall be “freely given when justice so requires.” Fed.R.Civ.P. 15(a); See Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330 , 91 S.Ct. 795 , 28 L.Ed.2d 77 (1971); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
cited Cited as authority (rule) Chimarev v. TD Waterhouse Investor Services, Inc.
S.D.N.Y. · 2002 · confidence medium
Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
discussed Cited as authority (rule) American Stock Exchange, LLC v. Mopex, Inc.
S.D.N.Y. · 2002 · confidence medium
LEGAL STANDARD Rule 15(a) of the Federal Rules of Civil Procedure provides that a party may amend its pleading “only by leave of court or by written consent of the adverse party; and leave should be freely given when justice so requires.” Fed.R.Civ.P. 15(a); see also Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
cited Cited as authority (rule) Oneida Indian Nation of NY v. City of Sherrill, NY
N.D.N.Y. · 2001 · confidence medium
Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); Rachman Bag Co. v. Liberty Mut.
cited Cited as authority (rule) Hamad v. Nassau County Medical Center
E.D.N.Y · 2000 · confidence medium
Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
cited Cited as authority (rule) Gallegos v. Brandeis School
E.D.N.Y · 1999 · confidence medium
Id.; Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir. 1995).
cited Cited as authority (rule) Muller v. First Unum Life Insurance
N.D.N.Y. · 1998 · confidence medium
Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); Rachman Bag Co. v. Liberty Mut.
discussed Cited as authority (rule) Cappiello v. Cappiello
virginislands · 1998 · confidence medium
Perrian O'Grady, 958 F.2d 192, 193-194 (7th Cir. 1992) (requiring a party to obtain leave to file amended complaint and it is within Court's discretion to deny leave); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir. 1995) (holding that plaintiff required leave of Court to amend due to defendant's filing of a responsive pleading).
discussed Cited as authority (rule) Estate of Becker v. Eastman Kodak Co.
2d Cir. · 1997 · confidence medium
Although we have not previously considered what duties a plan owes a participant who requests information to assist her in choosing between retirement and long-term disability, we noted in Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 29 (2d Cir.l995)(per curiam), that a departing employee might prevail at trial on an ERISA fiduciary claim based on the failure of his plan administrator to inform him that his medical insurance was about to lapse and that he could exercise continuation rights.
discussed Cited as authority (rule) 21 Employee Benefits Cas. 1384, Pens. Plan Guide (Cch) P 23937i Estate of Carol W. Becker and Frederick R. Becker v. Eastman Kodak Company and Kodak Retirement Income Plan Committee
2d Cir. · 1997 · confidence medium
Although we have not previously considered what duties a plan owes a participant who requests information to assist her in choosing between retirement and long-term disability, we noted in Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 29 (2d Cir.1995)(per curiam), that a departing employee might prevail at trial on an ERISA fiduciary claim based on the failure of his plan administrator to inform him that his medical insurance was about to lapse and that he could exercise continuation rights. 20 Courts of appeals in other circuits have held that ERISA fiduciaries must provide complete and a…
discussed Cited as authority (rule) Byas v. New York City Department of Correction
S.D.N.Y. · 1997 · confidence medium
Although Fed.R.Civ.P. 15(a) provides that leave to amend a pleading shall be “freely given when justice so requires,” see Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227, 230 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995); see also Harris v. Security Co., No. 94 Civ. 2599, 1996 WL 556927 , at *4 (S.D.N.Y., Oct.1, 1996); Yaba v. Cadwalader, Wickersham & Taft, 931 F.Supp. 271, 274 (S.D.N.Y.1996) , the plaintiff has not submitted a proposed amended complaint for either motion.
cited Cited as authority (rule) Ippolito v. Meisel
S.D.N.Y. · 1997 · confidence medium
Nemey v. Valente & Sons Repair Shop, 66 F.3d 25, 29 (2d Cir.1995) (emphasis added).
cited Cited as authority (rule) General Insurance Co. of America v. K. Capolino Construction Corp.
S.D.N.Y. · 1997 · confidence medium
Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 29 (2d Cir.1995) (emphasis added).
cited Cited as authority (rule) Saxholm AS v. Dynal, Inc.
E.D.N.Y · 1996 · confidence medium
Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227, 230 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
discussed Cited as authority (rule) Yaba v. Cadwalader, Wickersham & Taft
S.D.N.Y. · 1996 · confidence medium
Fed.R.Civ.P. 15(a) provides that leave to amend a pleading shall be “freely given when justice so requires.” See Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227, 230 , 9 L.Ed.2d 222 (1962); Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995).
discussed Cited as authority (rule) Reubens v. New York City Department of Juvenile Justice
S.D.N.Y. · 1996 · confidence medium
Rule 15(a) provides that ‘“leave shall be freely given when justice so requires.’ ” Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995) (citing Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227, 230 , 9 L.Ed.2d 222 (1962)).
cited Cited "see" Okwedy v. Molinari
2d Cir. · 2003 · signal: see · confidence high
See Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 30 (2d Cir.1995).
cited Cited "see" Carol P. Marcella v. Capital District Physicians' Health Plan, Inc.
2d Cir. · 2002 · signal: see · confidence high
See id. at 28 .
discussed Cited "see" Barr v. Charterhouse Group International, Inc. (In Re Everfresh Beverages, Inc.) (2×)
Bankr. S.D.N.Y. · 1999 · signal: see · confidence high
See Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 29 (2d Cir.1995) (reversing District Court, which had denied plaintiffs motion for leave to amend the complaint on futility grounds, because the proposed amended pleadings raised questions of fact).
discussed Cited "see" James v. New York City District Council of Carpenters' Benefits Funds
E.D.N.Y · 1996 · signal: see · confidence high
See Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 29-30 (2d Cir.1996) (failure to alert plan participant of eligibility for continuation of coverage may constitute a breach of fiduciary duty where fiduciary is aware of potential loss of coverage); Fortune v. Medical Assocs.
discussed Cited "see" James v. NY CITY DIST. COUNCIL
E.D.N.Y · 1996 · signal: see · confidence high
See Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 29-30 (2d Cir.1996) (failure to alert plan participant of eligibility for continuation of coverage may constitute a breach of fiduciary duty where fiduciary is aware of potential loss of coverage); Fortune v. Medical Assocs.
discussed Cited "see, e.g." In Re Alcatel Securities Litigation
S.D.N.Y. · 2005 · signal: see also · confidence medium
See Cortec Indus. v. Sum Holding L.P., 949 F.2d 42 , 48 (2d Cir. 1991); see also Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995) (noting that futility of an amendment is a valid reason for a district court to deny leave to amend).
discussed Cited "see, e.g." Roer v. Oxbridge Inc.
E.D.N.Y · 2001 · signal: see also · confidence medium
A district court may decline to exercise supplemental jurisdiction if it has “dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367 (c)(3); see also Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 30 (2d Cir.1995).
discussed Cited "see, e.g." Montefusco v. Nassau County
E.D.N.Y · 1999 · signal: see also · confidence medium
A district court may decline to exercise supplemental jurisdiction if it has “dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367 (c)(3); see also Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 30 (2d Cir.1995).
discussed Cited "see, e.g." Equus Associates, Ltd v. Town of Southampton
E.D.N.Y · 1999 · signal: see also · confidence low
The Town Board approved the site plan by resolution dated June 8, 1998, and issued the permits with certain conditions on June 19,1998. *600 The Federal Rules of Civil Procedure provide that “leave [to amend a pleading] shall be freely given when justice so requires.” Fed.R.Civ.P. 15(a); see also Nerney v. Valente & Sons Repair Shop, 66 F.3d 25 (2d Cir.1995); Gumer v. Shearson, Hammill & Co., 516 F.2d 283, 287 (2d Cir.1974).
discussed Cited "see, e.g." Orb Factory, Ltd. v. Design Science Toys, Ltd.
S.D.N.Y. · 1998 · signal: see also · confidence medium
DST’s May Not Amend Its Answer to Include the Defense of Improper Venue Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend a pleading should “be freely given when justice so requires.” Leave to amend should not be granted, however, if it is sought for such reasons as “bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of the allowance of the amendment, futility of the amendment, etc.” Forman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227 , 9 L…
discussed Cited "see, e.g." Magee v. Paul Revere Life Insurance
E.D.N.Y · 1997 · signal: see, e.g. · confidence medium
See, e.g., Nerney v. Valente & Sons Repair Shop, 66 F.3d 25, 28 (2d Cir.1995)(per curiam)(“[T]he Supreme Court has emphasized that amendment should normally be permitted.” (citing Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227, 230 , 9 L.Ed.2d 222 (1962))); Ricciuti v. New York City Transit Auth., 941 F.2d 119 , 123 (2d Cir.1991)(“[I]t is rare that such leave [to amend] should be denied, especially when there has been no prior amendment.” (citations omitted)).
cited Cited "see, e.g." Husbands v. McClellan
W.D.N.Y. · 1997 · signal: see also · confidence medium
See also Nemey v. Valente & Sons Repair Shop, 66 F.3d 25, 28-29 (2d Cir.1995).
Retrieving the full opinion text from the archive…
Michael E. NERNEY, Plaintiff-Appellant,
v.
VALENTE & SONS REPAIR SHOP, a Partnership, Joseph A. Valente and Mary Ann Valente, D/B/A Valente & Sons Repair Shop, Defendants-Appellees
1537, Docket 94-9026.
Court of Appeals for the Second Circuit.
Sep 13, 1995.
66 F.3d 25
Timothy G. Mulcahy, Greenfield Center, NY, for plaintiff-appellant., Sanford N. Finkel, Troy, NY, for defendants-appellees.
Feinberg, Walker, Cabranes.
Cited by 60 opinions  |  Published
[*27] PER CURIAM:

Plaintiff Michael Nerney filed this suit against his former employer, Valente & Sons Repair Shop (“Valente Repair”), and its partners Joseph and Mary Ann Valente. Nerney claimed that defendants’ failure to pay his medical premiums during his employment and to secure continued medical coveragé after his employment violated defendants’ duties under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., and state law. Plaintiff appeals from an order granting summary judgment in favor of defendants and denying leave to amend the complaint entered in the United States District Court for the Northern District of New York (Hon. G. Cholakis, District Judge).

Because we believe that amendment of the complaint should have been permitted, we affirm in part, reverse in part, and remand.

BACKGROUND

Nerney applied for a job with Valente Repair on August 22, 1991 and began working there soon after. While at Valente Repair, Nerney expressed interest in joining the medical plan offered to the company’s employees, which was provided through the Rensselaer Chamber of Commerce (“RCC”) by the Capital District Physicians’ Health Plan (“CDPHP” or the “Plan”). After some delays, Nerney learned on October 1, 1991 that he had been added to the Plan. He received a copy of the policy and his identification cards on October 7, but returned one of his cards so that some inaccuracies could be corrected.

Nerney quit his job at Valente Repair on October 28, 1991, approximately two months after starting. No one at Valente Repair informed Nerney that he might be eligible for continued coverage under CDPHP after his departure. According to Nemey’s affidavit, the accuracy of which defendants dispute, Nerney nonetheless requested that Valente Repair continue his health insurance until the plan offered by his new employer could take effect. Nerney started his new job on October 28. On November 1 he received his corrected identification cards from CDPHP and on December 2 he received a CDPHP benefits explanation packet.

On December 6, 1991, Nerney entered Albany Memorial Hospital suffering from severe abdominal pain. Although he did not inquire whether the hospital participated in the Plan before arriving, he did present his CDPHP identification cards to the receptionist, who accepted them without mentioning a problem with his coverage. After the hospital initially misdiagnosed his condition as a minor intestinal problem and released him, Nerney was readmitted on December 9 and underwent emergency surgery for a perforated colon.

On December 13, while still recovering in the hospital, Nerney received a termination notice from CDPHP. The notice stated that the effective date of termination was October 1, 1991, the same day that his coverage was to have commenced. Nerney was discharged on December 16, 1991. His treatment, including follow-up procedures, cost him in excess of $37,000, expenses that CDPHP and Valente Repair refused to cover.

Nerney commenced this action on September 3, 1992. He alleged that Valente Repair had failed to pay any premiums to CDPHP on his behalf as promised and had neglected to notify him either of this lapse or of his right to continue his coverage. The result of these failures, he contended, was to deprive him of continued coverage in violation of ERISA and state law. Both Nerney and defendants subsequently moved for summary judgment. On September 9, 1994, the district court denied Nerney’s motion for summary judgment, granted summary judgment in favor of defendants, and dismissed the complaint. The district court also denied Nerney’s request to amend the complaint to add a cause of action for breach of ERISA fiduciary duties. Plaintiff appeals.

DISCUSSION

The district court’s decision had three principal components. It first dismissed Nerney’s ERISA claims after concluding that ERISA did not provide a remedy for defendants’ conduct. Second, the district court denied Nerney leave to amend his complaint[*28] to add a claim for violation of ERISA fiduciary duties on the ground that amendment would be futile. Finally, the district court declined to exercise supplemental jurisdiction over Nerney's state law claims. Nerney challenges each component, and we address them in turn.

I. The ERISA Claims

Nerney's complaint asserted two claims under ERISA: (1) that defendants violated the terms of the Plan, and (2) that defendants were obligated under ERISA, specifically 29 U.S.C. § 1021, to provide Nerney with a summary of his rights under the Plan and to notify him that Valente Repair had failed to pay his premiums. On appeal, Nerney appears to abandon the latter claim, challenging only the district court's dismissal of his claim based upon Nerney's violation of the Plan's terms. As to that claim, the district court found that the CDPHP was a plan governed by ERISA and that defendants were subject to ERISA's strictures as administrators, but concluded that defendants were not obligated under the terms of the Plan. We agree.

Under 29 U.S.C. § 1132(a)(1)(B), a participant of a plan governed by ERISA may bring an action "to recover benefits due to him under the terms of his plan, [or) to enforce his rights under the terms of the plan." Nerney asserts that Valente Repair and its partners violated the terms of the Plan both by failing to pay premiums on his behalf and by neglecting to inform him of his continuation rights. As the district court found, the Plan did not impose these duties on the defendants.

The Plan imposes duties on the "Policyholder" both to pay premiums on behalf of members and to notlfy them of their rights. Section XV(A) of the Plan specifies that the Policyholder must arrange for collection of premiums from Subscribers and that "[tjhe Policyholder shall pay the total monthly premium due CDPHP on behalf of those Subscribers" each month. Although the Policy does not explicitly state that the Subscriber is entitled to notice of the right to continued coverage, under Section X(B)(2) the Subscriber must make a written request for continuation within twenty days of the subscriber's termination from employment or "[t]he date the employee is given notice of the right of continuation by the group," whichever is later, but in any event within thirty-one days of termination. Pursuant to Section XVI(G)(2), "[t]he Policyholder agrees to provide appropriate notice to all affected Subscribers at its own expense." Arguably, notice of the right to continued coverage quail-flea as "appropriate notice" and is thus the Policyholder's obligation.

Unfortunately for Nerney, however, Va-lente Repair is not the Plan's "Policyholder." The policy defines the "Policyholder" as "the employer, association, or group which contracts with [CDPHP] to provide Health Services to Members." The Standard Plan Certificate identifies RCC, not Valente Repair, as the group that has contracted with CDPHP for health coverage. Consistent with this position, a letter from CDPHP to plaintiff's attorney on January 9, 1992 stated that it had sent Nerney enrollment information "based on our contractual agreement with [RCC]." Nothing in the express terms of the Plan obligates an employer that is not also the Policyholder to provide notice to a subscriber, pay an employee's premiums, or fulfill any other duties. Thus, while Nerney may have a cause of action against RCC based upon violation of the Plan's terms, the district court correctly dismissed the claim against Valente Repair and its partners.

II. Leave to Amend

Nerney also sought leave to amend the complaint to add a claim for violation of fiduciary duties under ERISA. Because a responsive pleading has already been served, leave to amend at this point must be obtained from the district court. Fed.R.Civ.P. 15(a). However, Rule 15(a) specifies that "leave shall be freely given when justice so requires," and the Supreme Court has emphasised that amendment should normally be permitted, Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962). "Undue delay and futifity of the amendment, among other factors, are reasons to deny leave." John Hancock Mut. Life Ins. Co. v.[*29] Amerford Int’l Corp., 22 F.3d 458, 462 (2d Cir.1994).

The district court found that amendment would not “threaten to cause great hardship” but found the claim “so lacking in merit that leave should not be granted.” It agreed with Nemey that, as an administrator, VaJente Repair was an ERISA fiduciary and that the failure to pay premiums on Nerney’s behalf or to inform him of his continuation rights may have breached defendants’ fiduciary duties. Cf. Eddy v. Colonial Life Ins. Co. of Arn., 919 F.2d 747, 750 (D.C.Cir.1990) (“A fiduciary has a duty not only to inform a beneficiary of new and relevant information as it arises, but also to advise him of circumstances that threaten interests relevant to the relationship”). It denied leave to amend solely on the ground that, since Nerney was not eligible for continuation of his benefits, any breach of defendants’ fiduciary duties “would not be relevant to his injury.” We believe that there is a genuine issue of material fact as to the premise underlying this last conclusion and that as a result amendment to add a claim for violation of ERISA fiduciary duties should be allowed.

Continuation of coverage is governed by Section X of the policy. Under Section X(B)(1),

If the Subscriber’s Coverage under the Contract ends due to termination of employment or membership in the group, he may continue Coverage.... Continuation of Coverage will not be available for: ... b. Any person who is; becomes; or could be covered as an employee; Member; or dependent by an alternative health benefits plan which provides group health coverage.

The district court, in concluding that this exclusion applied to plaintiff, stated only that “Section X excludes coverage for individuals who have other group insurance available to them. Under these limitations, Mr. Nerney had no right of coverage to exercise.” Presumably, the district court based this conclusion on the fact that Nerney had already enrolled in a plan offered by his new employer when he incurred the medical expenses at issue.

Nerney disputes this factual finding. He asserts both in his appellate brief and in his affidavits to the district court that while he had enrolled in a new plan at the time of his hospitalization, coverage under the plan did not begin until some time in January 1992, almost a month after his operation. Because the exclusion to continuation of coverage applies only if the subscriber is covered by, not merely enrolled in, a new employer’s insurance plan, Nerney would not have been ineligible for coverage if this assertion were true.

Defendants offer no evidence to dispute the accuracy of Nerney’s allegation. Rather, they charge that he has not offered sufficient proof of a coverage gap and doubt that such a gap existed. At a minimum, these contradictory allegations present a genuine issue of material fact. See Terminate Control Corp. v. Horowitz, 28 F.3d 1335, 1352-53 (2d Cir. 1994); Commander Oil Corp. v. Advance Food Serv. Equip., 991 F.2d 49, 51 (2d Cir.1993). Because it would be possible for Nerney to prevail on an ERISA fiduciary claim at trial, the district court erred in concluding that amendment would be futile, and denial of leave to amend was therefore an abuse of discretion. See Cortee Indus, v. Sum Holding L.P., 949 F.2d 42, 50 (2d Cir.1991) (finding it an abuse of discretion to deny leave to amend where amendment could cure a defect in the complaint and thus would not be futile); cf. S.S. Silberblatt, Inc. v. East Harlem Pilot Block-Bldg. 1 Hous. Dev. Fund Co., 608 F.2d 28, 42 (2d Cir.1979) (reversing denial of leave to amend where “the alleged futility of the amendment rests on findings of fact”).

Nerney asks us to go further and award him summary judgment on this added claim. We decline to do so. Nemey’s bald assertion that he was not covered by new insurance at the time of his hospitalization, unsupported by any documentary evidence, is insufficient to resolve the genuine issue of material fact in his favor. There also appears to be a genuine issue of material fact as to whether Nerney requested continued coverage from the defendants, a dispute that may determine the nature of defendants’ fiduciary duties. See Bixler v. Central Pa. Teamsters Health & Welfare Fund, 12 F.3d[*30] 1292, 1300-03 (8d Cir.1993) (finding no breach of fiduciary duty where plan beneficiary did not apprise administrator of her circumstances but reversing a grant of summary judgment for defendants where beneficiary made a specific inquiry about benefits); see also Fortune v. Medical Assocs. of Woodhull, P.C., 803 F.Supp. 636, 640-41 (E.D.N.Y. 1992) (reversing summary judgment for defendant on a fiduciary duty claim because the beneficiary specifically inquired about the conditions of a policy).

Moreover, because the district court did not permit Nerney to amend his complaint to add a claim for breach of fiduciary duties, the parties did not have the opportunity to litigate the claim fully either before the district court or this court, and the district court did not have occasion to address all of the issues implicated by the claim. For example, the district court did not examine whether, in light of the policy’s requirement that a subscriber request continuation of coverage in writing within thirty-one days of termination and the fact that Nerney possessed a copy of the policy, defendants’ breach was the proximate cause of Nemey’s injuries. [1] We therefore remand to permit the district court to address the claim in the first instance.

III. State Law Claims

After dismissing plaintiffs ERISA claims, the district court declined to exercise its supplemental jurisdiction over the remaining state law claims. A district court may decline to exercise supplemental jurisdiction if it has “dismissed all claims over which it has original jurisdiction.” 28 U.S.C. § 1367(c)(3). Because amendment of the complaint to add a claim for breach of ERISA fiduciary duties “restores pendent jurisdiction ... we remand [those claims] as well.” Albert v. Carovano, 851 F.2d 561, 574 (2d Cir.1988) (in bane). The district court may either exercise jurisdiction over those claims under § 1367(a) or articulate “eompel-ling reasons for declining jurisdiction.” 28 U.S.C. § 1367(c)(4).

CONCLUSION

For the reasons stated above, we affirm the dismissal of plaintiffs ERISA claims, reverse the district court’s decision to deny leave to amend, and remand for consideration of the claim for violation of ERISA fiduciary duties and Nemey’s claims under state law.

1

. Because a fiduciary may in some circumstances be liable for a beneficiary’s failure to comply with the terms of a policy, see, e.g., a Eddy, 919 F.2d at 751 (noting that plaintiff “should not be penalized because he failed to comprehend the technical difference between 'conversion' and 'continuation' ”); Fortune, 803 F.Supp. at 641 (finding that insurer may be liable where it breached its fiduciary duty to provide beneficiary with "complete and correct material information"), we do not mean to imply that Nemey’s claim fails on proximate cause grounds.