SMITH v. WALMART STORES, INC. ASSOCIATES HEALTH AND WELFARE PLAN
| JAMES E. SMITH |
| WALMART STORES, INC. ASSOCIATES HEALTH AND WELFARE PLAN |
| 2:2014cv00118 |
| April 21, 2014 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Larry J. McKinney |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1001 E.R.I.S.A. |
| None |
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| Document Text |
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Filing
35
ORDER granting Defendants' 13 Motion to Dismiss. An application of the appropriate provisions of the Plan leads to only one conclusion: that Smith was too late in notifying the Plan Administrator of his disability. Defendants' Motion to Dismiss, having been converted to a Motion for Summary Judgment, is therefore GRANTED. Judgment shall issue accordingly. **SEE ORDER** Signed by Judge Larry J. McKinney on 10/9/2014. (AH)
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