Cummings v. The Lincoln National Life Insurance Company
Sherry Cummings |
The Lincoln National Life Insurance Company |
2:2015cv00271 |
April 23, 2015 |
US District Court for the Middle District of Alabama |
Montgomery Office |
Chilton |
Terry F. Moorer |
W. Harold Albritton |
Employee Retirement Income Security Act of 1974 |
29 U.S.C. ยง 1132 |
Plaintiff |
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Document Text |
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Filing 8 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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