Harris v. Medical Park Health Center, Inc., 3:17-cv-816-ECM. (2019)
Court: District Court, M.D. Alabama
Number: infdco20190918661
Visitors: 12
Filed: Sep. 17, 2019
Latest Update: Sep. 17, 2019
Summary: ORDER EMILY C. MARKS , Chief District Judge . Now pending before the Court are Defendant Medical Park Health Center, Inc.'s ("Medical Park") motion to dismiss (Doc. 8), Defendant Paul Oswald's ("Oswald") motion to dismiss (Doc. 14), and Oswald's motion to strike jury demand. (Doc. 13). On August 8, 2019, the Plaintiff filed an Amended Complaint bringing only ERISA claims. (Doc. 41). Both of the motions to dismiss were directed to the original complaint (Doc. 1). ERISA claims are non-jury c
Summary: ORDER EMILY C. MARKS , Chief District Judge . Now pending before the Court are Defendant Medical Park Health Center, Inc.'s ("Medical Park") motion to dismiss (Doc. 8), Defendant Paul Oswald's ("Oswald") motion to dismiss (Doc. 14), and Oswald's motion to strike jury demand. (Doc. 13). On August 8, 2019, the Plaintiff filed an Amended Complaint bringing only ERISA claims. (Doc. 41). Both of the motions to dismiss were directed to the original complaint (Doc. 1). ERISA claims are non-jury cl..
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ORDER
EMILY C. MARKS, Chief District Judge.
Now pending before the Court are Defendant Medical Park Health Center, Inc.'s ("Medical Park") motion to dismiss (Doc. 8), Defendant Paul Oswald's ("Oswald") motion to dismiss (Doc. 14), and Oswald's motion to strike jury demand. (Doc. 13).
On August 8, 2019, the Plaintiff filed an Amended Complaint bringing only ERISA claims. (Doc. 41). Both of the motions to dismiss were directed to the original complaint (Doc. 1). ERISA claims are non-jury claims, Hunt v. Hawthorne Assocs., Inc., 119 F.3d 888, 907 (11th Cir. 1997), and the jury demand was removed from the case upon the filing of the amended complaint.
Accordingly, it is ORDERED that the motions to dismiss (Doc. 8 & 14) and motion to strike jury demand (Doc. 13) are DENIED as moot.
Source: Leagle
