Slater v. Southwest Research Institute
| Susan Slater |
| Southwest Research Medical Trust Plan and Southwest Research Institute |
| 5:2012cv01205 |
| December 21, 2012 |
| US District Court for the Western District of Texas |
| San Antonio Office |
| Xavier Rodriguez |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1446 Petition for Removal - ERISA |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
41
ORDER GRANTING 38 Motion for Summary Judgment. Signed by Judge Xavier Rodriguez. (rf)
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Filing
27
ORDER GRANTING IN PART AND DENYING IN PART 20 Defendants' Motion to Dismiss for Failure to State a Claim. Defendants' motion to dismiss Plaintiff's claim as time barred is DENIED but Defendants' motion to dismiss the Original Petition for failure to adequately plead a claim under ERISA is GRANTED. The Court will afford Plaintiff the opportunity to file an amended complaint. The amended complaint must be filed by no later than June 26, 2013. Signed by Judge Xavier Rodriguez. (kh)
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Filing
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ORDER DENYING 7 Plaintiff's Motion to Remand to State Court. The Court concludes that Plaintiffs claim is completely preempted by ERISA, that subject matter jurisdiction exists, and that Plaintiffs motion for remand to the state court must be denied. Signed by Judge Xavier Rodriguez. (kh)
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