Banks v. Prudential Insurance Company of America

Filing 8

ORDER directing the Clerk to correct the Nature of Suit for this action as "890 Other Statutory Actions", & the Cause of Action citation as "29 U.S.C. Section 1132(a) - ERISA". The 7 Initial Scheduling Order is hereby set aside. An ERISA scheduling order will follow entry of this Order. Signed by Chief Judge J. Leon Holmes on 5/16/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ALICE BANKS
v.

PLAINTIFF
No. 3:12CV00072 JLH

PRUDENTIAL INSURANCE COMPANY
OF AMERICA

DEFENDANT
ORDER

This case was removed from Greene County Circuit Court on March 9, 2012. Upon case
opening it was given a Nature of Suit classification of ‘110 Insurance.’ The Cause of Action statute
utilized was ‘28 U.S.C. § 1331 - Federal Question: Insurance Contract.’ A review of the JS-44 Civil
Cover Sheet submitted by defendant’s counsel at the time of filing reflects that defendant selected
the Nature of Suit classification ‘890 Other Statutory Actions.’ The Cause of Action citation
included on the cover sheet submitted by defendant was ‘29 U.S.C. § 1132(a) - ERISA.’
IT IS HEREBY ORDERED that the Clerk correct the Nature of Suit for this action as ‘890
Other Statutory Actions,’ and the Cause of Action citation as ‘29 U.S.C. § 1132(a) - ERISA.’
The Initial Scheduling Order entered on March 28, 2012, is hereby set aside. An ERISA
scheduling order setting forth a briefing schedule will follow entry of this order.
IT IS SO ORDERED this 16th day of May, 2012.

_________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE