Sterling Collision Centers, Incorporated v. Kilduff

Filing 13

ORDER granting in part and denying in part 7 Motion to Strike. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

STERLING COLLISION CENTERS, INC.,
Case No. 16-10103
Plaintiff/Counter-Defendant,
Honorable John Corbett O’Meara
v.
KELLI KILDUFF,
Defendant/Counter-Plaintiff.
/
ORDER GRANTING IN PART AND DENYING IN PART
PLAINTIFF’S MOTION TO STRIKE
This matter came before the court on plaintiff Sterling Collision Center’s March 8, 2016
Motion to Strike and/or Dismiss Defendant’s Answer, Alleged Affirmative Defenses and Purported
Counterclaim. Defendant Kelli Kilduff filed a response April 10 and 11, 2016; and Plaintiff filed
a reply April 15, 2016. No oral argument was heard.
There is no dispute that this is an action under the Employee Retirement Income Security Act
“(ERISA”) of 1974, 19 U.S.C. §§ 1101, et seq. As such, Defendant’s answer, affirmative defenses
and counterclaim are all preempted by ERISA. Therefore, Plaintiff is correct that portions of
Defendants pleadings should be stricken because of the preemption; and the court will grant
Plaintiff’s motion to that extent. However, the court will also grant Defendant leave to file amended
pleadings that reflect the parties’ mutual understanding that the issues contained in the complaint
and the counterclaim are all preempted by ERISA.

ORDER
It is hereby ORDERED that Plaintiff’s March 8, 2016 motion is GRANTED IN PART AND
DENIED IN PART.
It is further ORDERED that Defendant MAY FILE amended pleadings within 30 days of this
order.
s/John Corbett O'Meara
United States District Judge
Date: July 18, 2016

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, July 18, 2016, using the ECF system.

s/William Barkholz
Case Manager

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