Norris v. Kroger Company et al

Filing 45

ORDER that Defendant shall have thirty (30) days from the date of this order to file a copy of The Kroger Co.'s 2011 Short-Term Disability Plan and any revised or amended versions thereof with the Court. Signed by Judge Steven P. Logan on 8/7/14. (CLB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lee Norris,

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Plaintiff,
vs.

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The Kroger Co., et al.,
Defendants.

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No. CV-14-00251-PHX-SPL
ORDER

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Before the Court is Plaintiff’s Motion for Leave to File First Amended Complaint.

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(Doc. 32.) Plaintiff seeks to bring an additional claim against Defendants for failing to

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comply with the disclosure requirements of the Employee Retirement Income Security

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Act (“ERISA”). (Doc. 32-1 at ¶ 53-57.) Plaintiff indicates that after Defendant denied

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him benefits under its short-term disability plan, he requested a copy of the complete

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Short-Term Disability Plan (“Plan”) on multiple occasions; however, Defendant has only

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provided him a two-page information sheet about the Plan. (Doc. 32 at 2; Doc. 32-1 at ¶

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34-40.)

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Defendant opposes the motion on the basis that Plaintiff has no legal claim for

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relief because the Plan under which Plaintiff was denied benefits is not governed by

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ERISA. (Doc. 34 at 4-7.) Defendants also claim that they have already provided

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Plaintiff a copy of all available documentation. (Doc. 34 at 7-8; Doc. 34-1 at 2-4.)

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Upon review of the record, the Court finds that in order to rule on Plaintiff’s

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motion and determine whether leave to file an amended complaint is warranted, a full and

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complete copy of the Plan is necessary. Although Defendants claim they have provided

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the requested Plan to Plaintiff, it is evident from the record that Defendant has only

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provided Plaintiff a two-page summary sheet containing an overview of the short-term

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disability benefits Defendants provide to their employees. (See Doc. 34-1 at 2-4.) It is

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also evident that a more detailed document exists, as the summary sheet expressly notes:

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This document includes highlights of The Kroger Co.’s 2011 Short-Term
Disability Plan. Every effort has been made to provide accurate
information. A complete description of each benefit option can be found in
the plans’ legal documents and contracts. In the event of a conflict between
this and any other descriptions of the plan, the formal plan documents and
insurance contracts will control.

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(Id.) Further, the summary sheet directs employees to contact the company’s Human

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Resources Department to obtain more information on the company’s family medical

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leave and short-term disability policies and to receive a copy of the company’s short-term

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disability summary plan description. (Id.) Accordingly,

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IT IS ORDERED that Defendant shall have thirty (30) days from the date of this

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order to file a copy of The Kroger Co.’s 2011 Short-Term Disability Plan and any revised

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or amended versions thereof with the Court.

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Dated this 7th day of August, 2014.

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Honorable Steven P. Logan
United States District Judge

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