Winburn v. Progress Energy Carolinas Inc et al
| Kimberly B Winburn |
| Progress Energy Carolinas Inc and Prudential Insurance Company of America, The |
| 4:2011cv03527 |
| December 28, 2011 |
| US District Court for the District of South Carolina |
| Florence Office |
| Darlington |
| R Bryan Harwell |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
83
ORDER: Defendant Progress Energy's Motion for Summary Judgment 61 is granted as to Plaintiff's claim for breach of fiduciary duty under 29 U.S.C. § 1132(a)(3) on the basis of the statute of limitations. Defen dant Progress Energy's Motion for Summary Judgment is also granted as to the plaintiff's benefits claim, under 29 U.S.C. § 1132(a)(1), on the basis that Progress did not administer the claims under the plan. Defendant Prudential' ;s Motion for Final Judgment 63 is granted as to the breach of fiduciary duty claim on the basis that Prudential did not have a duty to inform the plaintiff of changes to the plan. That duty was retained by and belonged to Progress, the plan adm inistrator, as opposed to Prudential, the claims administrator. Defendant Prudential's Motion for Final Judgment is also granted as to the plaintiff's benefits claim under 29 U.S.C. § 1132(a)(1)(B) because the Plan Administrator' s decision was not an abuse of discretion, was the result of a deliberate, principled reasoning process, and was supported by substantial evidence. Plaintiff's 64 Motion for Summary Judgment is denied. The parties' requests for attorney's fees are denied. Signed by the the Honorable R Bryan Harwell on 2/6/2015. (hcic, )
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Filing
48
CONSENT ORDER of Remand. Signed by the Honorable R Bryan Harwell on 10/30/2013. (hcic, )
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Filing
41
ORDER granting 29 Motion to Supplement the Record. Signed by The Honorable R Bryan Harwell on 7/25/2013.(hcic, )
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