Turner v. Allstate Insurance Company

Filing 92

ORDER directing that plf's 74 MOTION for Preliminary Injunction is GRANTED and that Def Allstate, and all persons acting for its benefit or on its behalf, are ENJOINED from discontinuing or cancelling life insurance policies for the names plaintiffs after 12/31/2015, or otherwise iterfering with the existence or enforceability of said policies; further ORDERING that on or before midnight, 12/31/2015, plfs shall execute individually and file signature bonds in the amount of $5,00 0 each; The injunction will dissolve by operation of law as to any Plf not filing a bond by midnight, 12/31/2015; Because the offices of the Court are closed 12/31/2015 and 1/1/2016, counsel for Plfs shall email or fax to counsel for Def a copy of th e respective bonds and the injunction shall be effective as to the bonded Plfs; further ORDERING (1) that Allstate's 89 MOTION to Strike the motion for preliminary injunction as to unnamed putative class plfs is GRANTED; and (2) that the Klaas plfs' 82 MOTION to join in the Motion for Preliminary Injunction is GRANTED. Signed by Chief Judge William Keith Watkins on 12/29/15. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GARNET TURNER
)
individually and on behalf of all others )
similarly situated, et al.,
)
)
Plaintiffs,
)
)
v.
) CASE NO. 2:13-CV-685-WKW
) (WO)
ALLSTATE INSURANCE
)
COMPANY,
)
)
Defendant.
)
JOHN E. KLAAS
on behalf of himself and all others
similarly situated, et al.,
Plaintiffs,
v.
ALLSTATE INSURANCE
COMPANY,
Defendant.

)
)
)
)
)
)
) CASE NO. 2:15-CV-406-WKW
) (WO)
)
)
)
)
ORDER

Plaintiffs in these consolidated ERISA cases are former employees of
Allstate. Plaintiffs allege that Allstate provided employees with a company-paid
retiree life insurance plan that was to provide them with life insurance at no cost
after retirement. On or about July 2, 2013, Allstate notified participants that it

would no longer pay the premium on the life insurance policies after December 31,
2015. Pending is Plaintiffs’ motion for preliminary injunction requiring Allstate to
continue the life insurance benefits after December 31, 2015. (Doc. # 74.) Also
pending is the named Klaas Plaintiffs’ motion to join in the motion for preliminary
injunction (Doc. # 82) and Allstate’s motion to strike the motion for preliminary
injunction as to unnamed members of the putative classes in these cases. Upon
consideration of the motion for preliminary injunction, the parties’ briefs and
evidentiary submissions, and the argument of counsel and testimony presented at a
hearing held on December 17, 2015, the court finds that the named Plaintiffs
convincingly have demonstrated the elements of a preliminary injunction. See
Winter v. Nat. Res. Def. Council, 555 U.S. 7, 24 (2008) (setting forth the four
elements of a preliminary injunction).
First, Plaintiffs have demonstrated through credible evidence a substantial
likelihood that they will prevail on their ERISA1 claim alleging breach of a
fiduciary duty2 to disclose the terms of the plan and that their claims are timely
under ERISA.

Second, Plaintiffs have shown that they are likely to suffer

irreparable injury unless the injunction is issued. Third, the balance of the equities
weighs strongly in Plaintiffs’ favor, not Defendant’s. Fourth, an injunction is in

1

Employee Retirement Income Security of 1974 (“ERISA”), 29 U.S.C. 1001 et seq.

2

The court makes no finding at this time as to Plaintiffs’ likelihood of success on their
other ERISA claims.
2

the public interest.
Further, because class certification has not been granted, and because
Plaintiffs did not present evidence to support the motion for preliminary injunction
on behalf of putative class plaintiffs, the injunction will issue only as to the named
Plaintiffs in the Klaas and Turner actions.
Accordingly, it is ORDERED that Plaintiff’s motion for a preliminary
injunction (Doc. # 74) is GRANTED and that Defendant Allstate, and all persons
acting for its benefit or on its behalf, are ENJOINED from discontinuing or
cancelling life insurance policies for the named Plaintiffs after December 31, 2015,
or otherwise interfering with the existence or enforceability of said policies.
It is further ORDERED that on or before midnight, December 31, 2015,
Plaintiffs shall execute individually and file signature bonds in the amount of
$5,000 each. The injunction will dissolve by operation of law as to any Plaintiff
not filing a bond by midnight, December 31, 2015. Because the offices of the
Court are closed December 31, 2015 and January 1, 2016, counsel for Plaintiffs
shall email or fax to counsel for Defendant a copy of the respective bonds and the
injunction shall be effective as to the bonded Plaintiffs.
Further, it is ORDERED
1.

that Allstate’s motion to strike the motion for preliminary injunction as to

unnamed putative class plaintiffs (Doc. # 89) is GRANTED and

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2.

that the Klaas Plaintiffs’ motion to join in the motion for preliminary

injunction (Doc. # 82) is GRANTED.
DONE this 29th day of December, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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