Roberts v. Prudential Insurance Company of America

Filing 9

ORDER granting 6 Motion to Dismiss Complaint In Part. Signed by Judge Jay C. Zainey on 6/12/14. (jrc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ENNIS R. ROBERTS

CIVIL ACTION

VERSUS

NO: 14-566

PRUDENTIAL INSURANCE CO. OF
AMERICA

SECTION: "A" (5)

ORDER AND REASONS
Before the Court is a Motion to Dismiss Complaint in Part (Rec. Doc. 6) filed
by the defendant, Prudential Insurance Company of America. Plaintiff Ennis R. Roberts has
responded to the motion. The motion, noticed for submission on June 4, 2014, is before the
Court on the briefs without oral argument.
Plaintiff filed this lawsuit to recover long term disability benefits under a group policy
issued by Defendant. It is undisputed that the plan is covered by ERISA.
Via the instant motion Defendant moves to dismiss the claims that Plaintiff has
asserted in the alternative under state law in paragraph 30 of the complaint.1 Given that the
parties agree that ERISA governs this case, the state law claims asserted in the alternative at
paragraph 30 of the complaint are superfluous and of course subject to preemption. Plaintiff
does not argue to the contrary.
Accordingly, and for the foregoing reasons;
IT IS ORDERED that the Motion to Dismiss Complaint in Part (Rec. Doc.
6) filed by the defendant, Prudential Insurance Company of America is GRANTED. The

The viability of the alternatively-asserted state law claims brought in paragraph 30 of
the complaint is the sole issue that movants briefed so this is the sole issue that the Court rules
upon. Plaintiffs briefed the applicability of La. R.S. § 22:990, and whether the statute is saved
from preemption, but this issue was not briefed by Defendant so the Court does not address it.
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state law claims asserted in the alternative at paragraph 30 of the complaint are
DISMISSED.
June 12, 2014
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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