Swenson v. Eldorado Casino Shreveport Joint Venture et al

Filing 81

MEMORANDUM RULING re 61 MOTION to Dismiss For Failure to State a Claim filed by Eldorado Casino Shreveport Joint Venture, 62 MOTION to Dismiss For Failure to State a Claim filed by United of Omaha Life Insurance Co, 69 MOTION to Strike Affidavits, and 76 MOTION to Conduct Discovery filed by Katheryn Swenson. Signed by Judge Elizabeth E Foote on 4/7/2017. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
KATHERYN SWENSON

CIVIL ACTION NO. 15-CV-2042

VERSUS

JUDGE ELIZABETH ERNY FOOTE

ELDORADO CASINO SHREVEPORT
JOINT VENTURE, ET AL.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM RULING
Before the Court are two motions to dismiss, filed by Defendant Eldorado Casino
Shreveport Joint Venture (“Eldorado”) [Record Document 61] and Defendant United of
Omaha Life Insurance Co. (“United of Omaha”) [Record Document 62], and a motion to
strike affidavits filed by Plaintiff Katheryn Swenson [Record Document 69]. These are
the third motions to dismiss filed by these Defendants. Previously, the Court dismissed
all claims against Defendant Lincoln National Life Insurance Co., but was unable to
consider motions to dismiss by United of Omaha and Eldorado because the Court
lacked the necessary information to determine whether Plaintiff’s claims are governed
by ERISA, and therefore whether this Court had subject matter jurisdiction. Defendants
have now re-urged their motions with additional supporting evidence of jurisdiction
under ERISA. These motions incorporate the earlier motions to dismiss brought by each
Defendant. Record Documents 17, 18, 45, 51.
For the reasons discussed below, Defendant Eldorado’s motion to dismiss
[Record Document 61] and Defendant United of Omaha’s motion to dismiss [Record
Document 62] are GRANTED. Plaintiff’s state law claims against both Defendants are