Swenson v. Eldorado Casino Shreveport Joint Venture et al
|Eldorado Casino Shreveport Joint Venture, United of Omaha Life Insurance Co and Lincoln National Life Insurance Co
|July 14, 2015
|US District Court for the Western District of Louisiana
|Elizabeth E Foote
|Mark L Hornsby
|Nature of Suit:
|Employee Retirement Income Security Act of 1974
|Cause of Action:
|28 U.S.C. § 1001
|Jury Demanded By:
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|April 7, 2017
MEMORANDUM RULING re 61 MOTION to Dismiss For Failure to State a Claim filed by Eldorado Casino Shreveport Joint Venture, 62 MOTION to Dismiss For Failure to State a Claim filed by United of Omaha Life Insurance Co, 69 MOTION to Strike Affidavits, and 76 MOTION to Conduct Discovery filed by Katheryn Swenson. Signed by Judge Elizabeth E Foote on 4/7/2017. (crt,Keifer, K)
|October 19, 2016
MEMORANDUM ORDER granting 37 Motion to Dismiss. Plaintiff's claim for denial of benefits and her claims for violation of COBRA against Lincoln National Life Insurance Co are DISMISSED WITHOUT PREJUDICE for failure to exhaust, and her claims f or equitable relief and breach of fiduciary duty against Lincoln National are DISMISSED WITH PREJUDICE. United of Omaha Life Insurance Co's Motion to Dismiss 45 and Eldorado's Motion to Dismiss 51 are DENIED with the right to reurge the ir motions within 60 days of the date of this order. If no new motions to dismiss are filed within 60 days of the date of this order, the Clerk of Court is directed to remand this case, for lack of subject matter jurisdiction, to the First Judicial District, Caddo Parish, where it was pending as suit number 585387-B. Signed by Judge Elizabeth E Foote on 10/19/2016. (crt,Keifer, K)
|March 18, 2016
ORDER ADOPTING 30 Report and Recommendations, denying 12 Motion to Remand. Signed by Judge Elizabeth E Foote on 3/16/2016. (crt,Keifer, K)
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