Poole v. Life Insurance Company of North America, et al
||Life Insurance Company of North America and McKesson Corporation
||March 22, 2013
||Alabama Middle District Court
||Terry F. Moorer
||William Keith Watkins
|Nature of Suit:
|Cause of Action:
||29:1132 E.R.I.S.A.-Employee Benefits
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|October 25, 2013
MEMORANDUM OPINION AND ORDER: It is ORDERED that Defendants' motions (Docs. 12 , 18 ) are GRANTED IN PART and DENIED IN PART as follows: (1) To the extent that Mr. Poole has alleged in Count III that McKesson is subject to statutory penalties under 29 U.S.C. § 1132(c) for McKessons failure to furnish documents other than the governing policy and SPD, these claims fail as a matter of law and McKessons motion to dismiss is granted. In all other respects, McKessons motion to dismiss is denied, and Counts II and III survive against McKesson. (2) Because LINA is not the plan administrator subject to statutory penalties under 29 U.S.C. § 1132(c), LINAs motion to dismiss Count III, which the court construes as a motion for judgmen t on the pleadings, is granted. In all other respects, LINAs motion for judgment on the pleadings is denied, and Counts I and II survive against LINA. Signed by Chief Judge William Keith Watkins on 10/25/2013. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
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