Pittinos v. Provident Life and Accident Company et al

Filing 24

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS re 2 MOTION to Dismiss filed by Provident Life and Accident Company, UNUM, 11 MOTION to Remand filed by George E. Pittinos and 4 MOTION to Dismiss filed by Tera Wiggins. The undersigned RECOMMENDS that plaintiffs motion to remand this case to the Circuit Court of Mobile, County (Doc. 11) be DENIED. The motion to dismiss filed by defendants Provident Life and Accident Insurance Company and Unum Group (Doc. 2) should be GRANTED because plaintiffs state-law claims are also defensively preempted. Plaintiff is given leave to re-file any and all exhausted ERISA claims he may have against the remaining defendants.. Signed by Judge Kristi K. DuBose on 2/13/09. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GEORGE E. PITTINOS, Plaintiff, vs. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, et al., Defendants. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, pages 1 through 22 of the recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) and dated January 21, 2009, are ADOPTED as the opinion of this Court. Accordingly, the plaintiff's motion to remand is DENIED. This court has subject matter jurisdiction under 28 U.S.C. 1331 over plaintiff's state law claims by virtue of the complete preemption doctrine. The motion to dismiss filed by defendants Provident Life and Accident Insurance Company and Unum Group (doc. 2) is GRANTED because plaintiff's state law claims are also defensively preempted. The court's dismissal of plaintiff's state law : : : : : CA 08-0662-KD-C claims is without prejudice and plaintiff is given leave to re-file any and all exhausted ERISA claims he may have against the remaining defendants. DONE this 13th day of February, 2009. Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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