Forester v. ADP TotalSource, Inc.
| Jay Forester |
| ADP TotalSource, Inc. |
| 1:2022cv00463 |
| November 4, 2022 |
| US District Court for the District of New Hampshire |
| Steven J McAuliffe |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| None |
Docket Report
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///ENDORSED ORDER re: #3 Motion to Dismiss for Failure to State a Claim. Text of Order: Defendant's unopposed motion to dismiss on grounds of ERISA preemption is appears to be well founded and is granted with respect to the state law declaratory judgment count, but without prejudice to plaintiff's filing an amended complaint within 30 days of the date of this order asserting a cause of action under ERISA (presuming that the claimed benefits have been denied by the plan administrator and administrative remedies have been exhausted). Parenthetically, the court notes that plaintiff's counsel asserts that the plan administrator has not fulfilled its duty to provide the beneficiary with copies of the plan and/or summary plan description.) If the case is not ripe, the parties should confer and, if appropriate, agree to a dismissal without prejudice pending administrative review and action by the plan. So Ordered by Judge Steven J. McAuliffe.(lw)
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| Filing 5 Certified Copies of State Court Record. State Court Case No. 211-2022-CV-00157, Belknap County Superior Court(Sibbernsen, Kevin) |
| Filing 4 Disclosure Statement by ADP TotalSource, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Sibbernsen, Kevin) |
| NOTICE of ECF Filing Error re: Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed. No Disclosure Statement has been filed. ADP TotalSource, Inc. must file a Disclosure Statement using the Other Documents/Disclosure Statement event. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423. Disclosure Statement due 11/21/2022. (lw) |
| Filing 3 MOTION to Dismiss for Failure to State a Claim filed by ADP TotalSource, Inc..Follow up on Objection on 11/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in support of motion to dismiss)(Sibbernsen, Kevin) |
| Filing 2 ERISA Notice sent to all parties.(mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(mc) |
| Case assigned to Judge Steven J. McAuliffe. The case designation is: 1:22-cv-463-SM. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 1 ERISA NOTICE OF REMOVAL from Belknap Superior Court, case number 211-2022-cv-00157 (filing fee $402, receipt number ANHDC-2310375) filed by ADP TotalSource, Inc.. Answer Follow Up on 11/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 11/18/2022. ERISA Administrative Record Due 11/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Summons - Waiver Summons, #2 Exhibit Notice of removal to counsel, #3 Exhibit Notice of removal to court clerk, #4 Civil Cover Sheet Civil Cover Sheet)(Sibbernsen, Kevin) |
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| Plaintiff: Jay Forester | |
| Represented By: | Brad C. Davis |
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| Defendant: ADP TotalSource, Inc. | |
| Represented By: | Kevin M. Sibbernsen |
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