Downs v. United of Omaha Life Insurance Co et al

Filing 12

JUDGMENT adopting 10 Report and Recommendation of the Magistrate Judge, granting in part and denying in part 6 Motion to Dismiss for Failure to State a Claim. The motion is granted as follows: The claims are recast under ERISA § 502(a)(1) (B); Any other state law claim is Dismissed With Prejudice; Plaintiff's jury demand is Stricken; and Plaintiff's claim for fees is Dismissed With Prejudice. The motion is otherwise denied. Signed by Judge Robert G James on 2/8/2018. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION PATRICIA DOWNS * CIVIL ACTION NO. 17-0888 VERSUS * JUDGE ROBERT G. JAMES UNITED OF OMAHA LIFE INSURANCE COMPANY, ET AL. * MAG. JUDGE KAREN L. HAYES JUDGMENT The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge’s Report and Recommendation is correct and that judgment as recommended therein is warranted, IT IS ORDERED, ADJUDGED, AND DECREED that Defendants’ motion to dismiss pursuant to Rule 12(b)(6) [Doc. No. 6] is hereby GRANTED IN PART and DENIED IN PART. The motion is GRANTED as follows: (1) Judgment is entered in Defendants’ favor finding that the subject disability policy is an ERISA plan, that Plaintiff’s state law claim for unpaid benefits and fees under the plan are completely preempted by ERISA, but the claims are recast under ERISA § 502(a)(1)(B); (2) Any other state law claim, including claims for punitive damages and/or penalties, is hereby DISMISSED WITH PREJUDICE; (3) Plaintiff’s jury demand is STRICKEN; and (4) Plaintiff’s claim for fees under 42 U.S.C. § 1988 is DISMISSED WITH PREJUDICE. The motion is otherwise DENIED. MONROE, LOUISIANA, this 8th day of February, 2018. 2

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