Simon v. Express Scripts Inc et al

Defendant: Tower Life Insurance Co and Express Scripts Inc
Plaintiff: Amelia Simon
 
Case Number: 6:2013cv00187
Filed: January 24, 2013
 
Court: Louisiana Western District Court
Office: Lafayette Office
County: Lafayette
Presiding Judge: Rebecca F Doherty
Referring Judge: Patrick J Hanna
 
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 1, 2013 33 Opinion or Order of the Court MEMORANDUM RULING denying 22 Motion to Remand. Evaluating subject-matter jurisdiction as of the time of removal, the undersigned concludes that the plaintiffs ERISA claim against Tower Life provided this Court with subject-matter jurisdiction base d on a federal question. Although the plaintiffs claims against Tower Life were dismissed, this Court continues to havesubject-matter jurisdiction over this action. Exercising permissible discretion, the undersigned declines to remand the action to state court. Signed by Magistrate Judge Patrick J Hanna on 5/1/13. (crt,Kennedy, T)
September 23, 2013 41 Opinion or Order of the Court MEMORANDUM RULING This Court ADOPTS the re 38 REPORT AND RECOMMENDATIONS. Therefore, IT IS ORDERED that the 13 MOTION to Dismiss Plaintiff's Claims filed by Express Scripts Inc is GRANTED, and plaintiff's claims - couched as they are under state law- are DENIED AND DISMISSED, without prejudice to the plaintiff to amend her complaint to re-state her claims under ERISA. Consequently, the case is not closed at this juncture, for the reasons more fully discussed hereinabove. IT IS FURTHER ORDERED that the plaintiff has ten (10) days from the date of this Ruing within which to amend her complaint to re-state her claims under ERISA. Should the plaintiff not filed here amended complaint within the prescribed period, the entirety of her complaint will be dismissed with prejudice, and this matter will be closed. Signed by Judge Rebecca F Doherty on 9/23/13. (crt,Guidry, C)
January 31, 2014 50 Opinion or Order of the Court JUDGMENT ADOPTING re 49 Report and Recommendations. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the 44 Motion to Dismiss is GRANTED and the plaintiff's claims against Express Scripts, Inc., are dismissed with prejudice. Signed by Judge Rebecca F Doherty on 1/31/14. (crt,Guidry, C)

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Defendant: Tower Life Insurance Co
Represented By: Robert J David, Jr
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Defendant: Express Scripts Inc
Represented By: Erica A Doerhoff
Represented By: Melissa Z Baris
Represented By: Megan E Donohue
Represented By: Michael G Lemoine
Represented By: James F Monafo
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Plaintiff: Amelia Simon
Represented By: Corrie Ruth Gallien
Represented By: Shytishia Moore Flugence
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