Smock v. Volvo Group North America, LLC et al

Filing 22

ORDER granting 9 Motion to Dismiss for Failure to State a Claim; granting 21 Motion to Dismiss. Signed by Judge James K. Bredar on 5/21/14. (C/M 5/22/14 mps, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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DANIEL SMOCK,

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Plaintiff

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v.

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VOLVO GROUP N. AM., LLC, et al.,
Defendants
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CIVIL NO. JKB-14-1064

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ORDER
For the reasons stated in Defendants’ unopposed motions to dismiss (ECF Nos. 9 & 21),
it is hereby ORDERED:
1. The motions (ECF Nos. 9 & 21) are GRANTED.
2. Plaintiff’s state-law claims of negligence and negligent misrepresentation are preempted
by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001
et seq., and are DISMISSED for failure to state a claim.
3. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE to refile a complaint
asserting claims under ERISA.
4. The Clerk shall CLOSE this case.
DATED this 21st day of May, 2014.

BY THE COURT:

/s/
James K. Bredar
United States District Judge