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)

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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

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