Lee vs. American Family Life Assurance Company of Columbia, et al

Filing 10

ORDER: IT IS HEREBY ORDERED that Defendant AFLAC's Motion to Make More Definite and Certain 4 is DENIED without prejudice. IT IS FURTHER ORDERED that the parties are granted until Friday, June 12, 2009, within which to engage in discovery for the limited purpose of determining whether Plaintiff's purported causes of action are preempted by the Employee Retirement Income Security Act (ERISA). Limited Discovery Completion due by 6/12/2009. Signed by Honorable Jean C. Hamilton on 4/28/09. (TRC)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CHARLES LEE, Plaintiff(s), vs. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS, et al., Defendant(s). ) ) ) ) ) ) ) ) ) )

Case No. 4:09CV498 JCH

ORDER This matter is before the Court on Defendant American Family Life Assurance Company of Columbus's ("AFLAC") Motion to Make More Definite and Certain, filed March 30, 2009. (Doc. No. 4). Upon consideration of the parties' submissions, IT IS HEREBY ORDERED that Defendant AFLAC's Motion to Make More Definite and Certain (Doc. No. 4) is DENIED without prejudice. IT IS FURTHER ORDERED that the parties are granted until Friday, June 12, 2009, within which to engage in discovery for the limited purpose of determining whether Plaintiff's purpo rt ed causes of action are preempted by the Employee Retirement Income Security Act ("ERISA").

Dated this 28th day of April, 2009.

/s/ Jean C. Hamilton UNITED STATES DISTRICT JUDGE