Snow v. Boston Mutual Life Insurance Company

Filing 23

ORDER that 2 motion to dismiss is hereby DENIED AS MOOT as further set out in order. Signed by Honorable Judge Mark E. Fuller on 1/25/2012. (Attachments: # 1 Civil Appeals Checklist) (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
DOROTHY SNOW,
Plaintiff,
v.
BOSTON MUTUAL LIFE
INSURANCE COMPANY,
Defendant.

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Case No. 3:11-cv-813
(WO—Do not publish)

ORDER
The Court has pending before it Defendant Boston Mutual Life Insurance
Company’s Motion to Dismiss Plaintiff’s State Law Claims, Claims for Extracontractual
Damages, and to Strike Plaintiff’s Jury Demand (Doc. # 2). In the time between Boston
Mutual filing this motion and now, Plaintiff Dorothy Snow amended her complaint. And
when she did, she replaced the disputed state law claims with claims arising under
ERISA. Because this is exactly what Boston Mutual sought to accomplish with its
motion to dismiss, that motion (Doc. # 2) is hereby DENIED AS MOOT.
Done this the 25th day of January, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE