Niemeyer v. Store Kraft Manufacturing Company

Justia Dockets & Filings Eighth Circuit Nebraska District Court Niemeyer v. Store Kraft Manufacturing Company

Niemeyer v. Store Kraft Manufacturing Company

Plaintiff:	Daniel D Niemeyer
Defendant:	Store Kraft Manufacturing Company
Case Number:	4:2009cv03201
Filed:	September 25, 2009
Court:	US District Court for the District of Nebraska
Office:	4 Lincoln Office
County:	Gage
Presiding Judge:
Presiding Judge:	Richard G. Kopf
Presiding Judge:	Richard G. Kopf (REFERRAL JUDGE)
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 1001 E.R.I.S.A.
Jury Demanded By:	None

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Date Filed	Document Text
December 15, 2009	Filing 14 MEMORANDUM AND ORDER - This matter is dismissed without prejudice pursuant to the terms of the court's prior order (filing 13 ). Judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (JAB)
November 23, 2009	Filing 13 MEMORANDUM AND ORDER regarding MOTION to Dismiss 7 filed by Store Kraft Manufacturing Company. On or before December 7, 2009, Plaintiff shall file an amended complaint and evidence establishing either (a) that he has exhausted his administrative rem edies pursuant to the terms of the ERISA-governed Store Kraft benefit plan, or (b) that he has a legally sufficient reason for failing to do so; The defendant's motion to dismiss (filing 7 ) is granted to the extent that Plaintiff must file an amended complaint and submit evidence as directed in the previous paragraph, in the absence of which this matter shall be dismissed without prejudice. The motion is otherwise denied. Ordered by Judge Richard G. Kopf. (JAB)

Date Filed

Document Text

December 15, 2009

Filing 14 MEMORANDUM AND ORDER - This matter is dismissed without prejudice pursuant to the terms of the court's prior order (filing 13 ). Judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (JAB)

November 23, 2009

Filing 13 MEMORANDUM AND ORDER regarding MOTION to Dismiss 7 filed by Store Kraft Manufacturing Company. On or before December 7, 2009, Plaintiff shall file an amended complaint and evidence establishing either (a) that he has exhausted his administrative rem edies pursuant to the terms of the ERISA-governed Store Kraft benefit plan, or (b) that he has a legally sufficient reason for failing to do so; The defendant's motion to dismiss (filing 7 ) is granted to the extent that Plaintiff must file an amended complaint and submit evidence as directed in the previous paragraph, in the absence of which this matter shall be dismissed without prejudice. The motion is otherwise denied. Ordered by Judge Richard G. Kopf. (JAB)

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Plaintiff: Daniel D Niemeyer
Represented By:	Dustin A. Garrison
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Defendant: Store Kraft Manufacturing Company
Represented By:	Scott S. Moore
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