Baker v. Sedgwick Claims Management Services Inc et al

Filing 38

ORDER granting pltf's 33 Motion to Amend Complaint; pltf may file her amended complaint within 5 days of the entry of this Order; pltf's 33 Motion to Dismiss the Counterclaim, and Motion for Judgment on the Pleadings are denied; pltf's 33 Motion to Vacate the Scheduling Order is granted; defts' 36 Motion for Judgment on the Pleadings is denied. Signed by Judge James M. Moody on 5/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

DEBORAH BAKER
vs.

PLAINTIFF
NO. 4:11CV000015 JMM

THE PNC BANK CORP AND
AFFILIATES LONG TERM DISABILITY PLAN

DEFENDANTS

ORDER
Pending are Plaintiff’s motion to amend, to dismiss, to vacate and for judgment on the
pleadings, docket # 33 and Defendants’ cross motion for judgment on the pleadings, docket # 36.
Plaintiff’s motion to amend her complaint is GRANTED, Plaintiff may file her amended
complaint within five (5) days of the entry of this Order. Plaintiff’s motion to dismiss the
counterclaim, and motion for judgment on the pleadings are DENIED. Plaintiff’s motion to
vacate the scheduling order is GRANTED, Plaintiff will be allowed to conduct discovery on the
limited issue raised in the counterclaim. Defendants’ motion for judgment on the pleadings is
DENIED.
IT IS SO ORDERED this 2nd day of May, 2011.

___________________________________
James M. Moody
United States District Judge