Black v. Lincoln National Life Insurance

Justia Dockets & Filings Seventh Circuit Illinois Northern District Black v. Lincoln National Life Insurance

Black v. Lincoln National Life Insurance

Plaintiff:	Joseph Black
Defendant:	Lincoln National Life Insurance
Case Number:	1:2016cv05614
Filed:	May 26, 2016
Court:	US District Court for the Northern District of Illinois
Office:	Chicago Office
County:	Cook
Presiding Judge:	Thomas M. Durkin
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
June 21, 2017	Filing 43 MEMORANDUM Opinion and Order: For the foregoing reasons, Lincoln National's motion to dismiss, 39 , is granted with prejudice as the Court finds that the policy documents are unambiguous and the legal authority straightforward, such that repleading would be futile. The 6/22/2017 status date is stricken. Civil case terminated. Signed by the Honorable Thomas M. Durkin on 6/21/2017:Mailed notice(srn, )
November 7, 2016	Filing 18 MEMORANDUM Opinion and Order: For the foregoing reasons, Lincoln National's motion to dismiss 10 , is granted to the extent that Black's breach of contract claim is dismissed without prejudice, and is denied to the extent that Black's ERISA claim will proceed. If Black is aware of facts creating an exception to res judicata with respect to his breach of contract claim, he should be prepared to make such an argument at the status hearing set for November 10, 2016. If Black is unable to point to such facts, the dismissal of his breach of contract claim will become with prejudice. Signed by the Honorable Thomas M. Durkin on 11/7/2016:Mailed notice(srn, )

Date Filed

Document Text

June 21, 2017

Filing 43 MEMORANDUM Opinion and Order: For the foregoing reasons, Lincoln National's motion to dismiss, 39 , is granted with prejudice as the Court finds that the policy documents are unambiguous and the legal authority straightforward, such that repleading would be futile. The 6/22/2017 status date is stricken. Civil case terminated. Signed by the Honorable Thomas M. Durkin on 6/21/2017:Mailed notice(srn, )

November 7, 2016

Filing 18 MEMORANDUM Opinion and Order: For the foregoing reasons, Lincoln National's motion to dismiss 10 , is granted to the extent that Black's breach of contract claim is dismissed without prejudice, and is denied to the extent that Black's ERISA claim will proceed. If Black is aware of facts creating an exception to res judicata with respect to his breach of contract claim, he should be prepared to make such an argument at the status hearing set for November 10, 2016. If Black is unable to point to such facts, the dismissal of his breach of contract claim will become with prejudice. Signed by the Honorable Thomas M. Durkin on 11/7/2016:Mailed notice(srn, )

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Plaintiff: Joseph Black
Represented By:	Mitchell A. Kline
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Defendant: Lincoln National Life Insurance
Represented By:	Jacqueline J. Herring
Represented By:	W. Sebastian von Schleicher
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