Blaj et al v. Stewart Enterprises et al
| Elizabeth Blaj and Sandra Romero |
| Stewart Enterprises, El Camino Memorial Park & Mortuary, Elliot Stein and DOES |
| 3:2009cv00734 |
| April 10, 2009 |
| US District Court for the Southern District of California |
| Labor: E.R.I.S.A. Office |
| San Diego |
| Ruben B. Brooks |
| Larry Alan Burns |
| Both |
| Federal Question |
| 29:1001 E.R.I.S.A.: Employee Retirement |
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| Document Text |
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Filing
60
ORDER Dismissing Demand for a Jury Trial and Claims for Monetary Relief; Blaj is not entitled to a jury trial on her ERISA claim, and her demand for one is stricken; the Court sees no reason to deviate from the holding of Millsap on the facts of this case, and accordingly dismissed Blaj's claims for past wages; Blaj must amend her complaint to add a reinstatement demand within 7 calendar days of the date this Order is entered; Blaj's request for monetary relief is dismissed in part; Stewart's request for attorney's fees is, at this time, denied without prejudice; Signed by Judge Larry Alan Burns on 2/11/11. (kaj)
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Filing
50
ORDER granting 20 Motion for Summary Judgment: After a thorough review of the evidence and consideration of the parties' respective arguments, the Court cannot but reach the conclusion that, at best, Blaj can show that Stewart terminated her in retaliation for exercising certain rights under an ERISA plan. Stewart's summary judgment motion is granted as to all claims but this one. Signed by Judge Larry Alan Burns on 11/23/10. (lmt)
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