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MOODY v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, 3:16-cv-184-DPM. (2016)

Court: District Court, E.D. Arkansas Number: infdco20160909c96 Visitors: 7
Filed: Sep. 07, 2016
Latest Update: Sep. 07, 2016
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . Unless Moody genuinely disputes the plan's supposed terms, No 6 at 4-5, or how Lincoln National actually administered the plan, then White River Health System is right-the employer isn't a proper party, and should be dismissed. Layes v. Mead Corp., 132 F.3d 1246 , 1249 (8th Cir. 1998). The Court will do so unless Moody shows some issue of material fact by 14 September 2016. So Ordered.

ORDER

Unless Moody genuinely disputes the plan's supposed terms, No 6 at 4-5, or how Lincoln National actually administered the plan, then White River Health System is right-the employer isn't a proper party, and should be dismissed. Layes v. Mead Corp., 132 F.3d 1246, 1249 (8th Cir. 1998). The Court will do so unless Moody shows some issue of material fact by 14 September 2016.

So Ordered.

Source:  Leagle

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