JOBE v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

Justia Dockets & Filings Third Circuit Pennsylvania Western District JOBE v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

JOBE v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

Plaintiff:	CAROLYN JOBE
Defendant:	THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
Case Number:	2:2010cv00684
Filed:	May 19, 2010
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Westmoreland
Presiding Judge:	Joy Flowers Conti
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	Notice of Removal - ERISA
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 23, 2010	Filing 17 MEMORANDUM OPINION & ORDER granting 4 DEFENDANT'S Motion to Dismiss. As set forth more fully within, the court finds that counts I, II, III and IV in the Complaint raise state law claims which are preempted by ERISA. The claims relate to an E RISA employee benefit plan, and fall outside of the protective ambit of ERISA's savings clause, 29 U.S.C. § 1144(b)(2)(A). Plaintiff was afforded an opportunity to amend the Complaint and declined to so. Under those circumstances, the Complaint will be dismissed with prejudice. Signed by Judge Joy Flowers Conti on 9/23/2010. (cal )

Date Filed

Document Text

September 23, 2010

Filing 17 MEMORANDUM OPINION & ORDER granting 4 DEFENDANT'S Motion to Dismiss. As set forth more fully within, the court finds that counts I, II, III and IV in the Complaint raise state law claims which are preempted by ERISA. The claims relate to an E RISA employee benefit plan, and fall outside of the protective ambit of ERISA's savings clause, 29 U.S.C. § 1144(b)(2)(A). Plaintiff was afforded an opportunity to amend the Complaint and declined to so. Under those circumstances, the Complaint will be dismissed with prejudice. Signed by Judge Joy Flowers Conti on 9/23/2010. (cal )

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Plaintiff: CAROLYN JOBE
Represented By:	Sean J. Carmody
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Defendant: THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
Represented By:	Scott D. Livingston
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