McCusker v. UNUM Life Insurance Company of America et al
ORDER AND REASONS granting 5 Motion to Strike jury demand. Signed by Judge Martin L.C. Feldman on 5/17/2017. (clc)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KEVIN C. McCUSKER
UNUM LIFE INSURANCE CO.
OF AMERICA, ET AL.
ORDER AND REASONS
Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days prior
to the noticed submission date.
No memoranda in opposition to the
defendants’ motion to strike jury demand, noticed for submission
on May 17, 2017, has been submitted.
Accordingly, because the motion is unopposed, and further, it
appearing to the Court that the motion has merit, 1 IT IS ORDERED:
The plaintiff sued the defendants to recover accidental death
benefits pursuant to Section 502(a)(1)(b) of the Employee
Retirement Income Security Act based on a Group Life Insurance
with Accelerated Benefit and Accidental Death and Dismemberment
Insurance Policy issued by Unum Life Insurance Company of America
to Fidelity Bank.
The Policy provides coverage to eligible
Fidelity employees under an employee welfare benefit plan. It is
alleged that Dominique Espinoza McCusker was a Fidelity employee
and participant in the plan and that her husband, the plaintiff,
was a beneficiary under the plan; he seeks to recover accidental
death benefits. Because this case is governed by ERISA, and ERISA
claims are equitable in nature, the plaintiff is not entitled to
a jury trial. See Borst v. Chevron Corp., 36 F.3d 1308, 1323-24
(5th Cir. 1994).
that the defendants’ motion to strike jury demand is hereby GRANTED
New Orleans, Louisiana, May 17, 2017
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE
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