Cummings v. The Lincoln National Life Insurance Company
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|Date Filed||#||Document Text|
|June 24, 2015
MEMORANDUM OPINION AND ORDER as follows: 1. The Motion to Dismiss (Doc. 2 ) is GRANTED as to Plaintiffs state law claims, without prejudice to the filing of an Amended Complaint asserting claims under ERISA. 2. The Motion to Dismiss (Doc. 2 ) is GR ANTED as to claims for extracontractual damages, including compensatory and punitive damages. 3. The Motion to Strike Jury Demand (Doc. 2 ) is GRANTED. 4. The Plaintiff is given until 7/8/2015 to file an Amended Complaint which asserts a claim under ERISA only. If no Amended Complaint is filed by that time, this case will be dismissed with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 6/24/2015. (dmn, )
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