Cummings v. The Lincoln National Life Insurance Company

Plaintiff: Sherry Cummings
Defendant: The Lincoln National Life Insurance Company
Case Number: 2:2015cv00271
Filed: April 23, 2015
Court: Alabama Middle District Court
Office: Montgomery Office
County: Chilton
Referring Judge: Terry F. Moorer
Presiding Judge: W. Harold Albritton
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29:1132
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
June 24, 2015 8 Opinion or Order of the Court 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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Plaintiff: Sherry Cummings
Represented By: Joel Sims Rogers, III(Designation Retained)
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Defendant: The Lincoln National Life Insurance Company
Represented By: Grace Robinson Murphy(Designation Retained)
Represented By: Katherine L Soppet(Designation Retained)
Represented By: William Bernhart Wahlheim, Jr.(Designation Retained)
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