Deborah Hyatt v. Prudential Insurance Company

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-00035-MR Copies to all parties and the district court/agency. [999756253].. [14-2305]

Appeal: 14-2305

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2305

DEBORAH A. HYATT,
Plaintiff – Appellant,
v.
PRUDENTIAL INSURANCE CO. OF AMERICA; THERMO FISHER SCIENTIFIC,
INC. HEALTH & WELFARE PLAN; THERMO FISHER SCIENTIFIC, INC.,
Defendants – Appellees.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:14-cv-00035-MR)

Submitted:

January 22, 2016

Decided:

February 17, 2016

Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Walter E. Daniels III, DANIELS LAW FIRM, PC, Asheville, North
Carolina, for Appellant. Ian H. Morrison, SEYFARTH SHAW LLP,
Chicago, Illinois, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-2305

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Filed: 02/17/2016

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Hyatt

the

PER CURIAM:
Deborah

A.

appeals

district

court’s

order

dismissing, under Fed. R. Civ. P. 12(b)(6), her civil action
seeking

relief

pursuant

to

the

Employee

Retirement

Security Act of 1974 (“ERISA”), as amended.

Income

On appeal, Hyatt

raises two issues: (1) whether her complaint was timely filed
according

to

the

plain

language

of

the

ERISA

plan;

and

(2)

whether an ambiguity existed in the ERISA plan language that
rendered

the

erroneous.
error.

granting

of

Prudential’s

motion

to

dismiss

We have reviewed the record and find no reversible

Accordingly, we affirm for the reasons stated by the

district court.

Hyatt v. Prudential Ins. Co. of Am., No. 1:14-

cv-00035-MR (W.D.N.C. Oct. 31, 2014).

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.

AFFIRMED

2