Moody v. Lincoln National Life Insurance Company et al

Filing 10

ORDER: Unless Moody genuinely disputes the plan's supposed terms, 6 , or how Lincoln National actually administered the plan, the White River Health System is right - the employer isn't a proper party, and should be dismissed. The Court will do so unless Moody shows some issue of material fact by 9/14/2016. Signed by Judge D. P. Marshall Jr. on 9/7/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
SANDRA MOODY
v.

PLAINTIFF
No. 3:16-cv-184-DPM

LINCOLN NATIONAL
LIFE INSURANCE COMPANY;
and WHITE RIVER HEALTH SYSTEM

DEFENDANTS

ORDER

Unless Moody genuinely disputes the plan's supposed terms, NQ 6 at 45, or how Lincoln National actually administered the plan, then White River
Health System is right-the employer isn't a proper party, and should be
dismissed. Layes v. Mead Corp., 132 F.3d 1246, 1249 (8th Cir. 1998). The Court
will do so unless Moody shows some issue of material fact by 14 September
2016.
So Ordered.
D.P. Marshall J/
United States District Judge