Hart v. Nationwide Mutual Insurance Company

Filing 32

MEMORANDUM AND ORDER NUNC PRO TUNC. IT IS HEREBY ORDERED that the motion to alter judgment 30 is granted, and the Memorandum and Order entered on March 23, 2016 27 is corrected nunc pro tunc as follows: On page 12, "IT IS HEREBY ORDERED tha t Nationwide's motion for summary judgment 20 is granted to the following extent: plaintiff's complaint is dismissed without prejudice for lack of subject matter jurisdiction." is substituted for "IT IS HEREBY ORDERED that defen dant Nationwide's motion for summary judgment 20 is granted, and defendant shall have summary judgment on plaintiff's complaint, and plaintiff's complaint is dismissed with prejudice." An Amended Judgment in accordance with this Memorandum and Order Nunc Pro Tunc and the Memorandum and Order entered on March 23, 2016, is entered this same date. Signed by District Judge Catherine D. Perry on 4/22/2016. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PATRICIA HART
Plaintiff,
vs.
NATIONWIDE MUTUAL INS. CO.,
Defendant.

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Case No. 4:14 CV 1299 CDP

MEMORANDUM AND ORDER NUNC PRO TUNC
On March 23, 2016, I granted defendant’s motion for summary judgment
and dismissed plaintiff’s ERISA complaint on the ground that she lacked standing
to pursue her claims as she was not a Plan Participant. That Memorandum and
Order and accompanying Judgment inadvertently dismissed plaintiff’s complaint
with prejudice. Plaintiff now asks that I alter the Judgment to reflect that her case
was dismissed without prejudice, as the dismissal was based on her lack of
standing. Plaintiff correctly notes that, if she lacks standing to bring this ERISA
claim, then this Court lacks subject matter jurisdiction over the case. See Dakota,
Minn. & E.R.R. v. Schieffer, 711 F.3d 878, 880 (8th Cir. 2013). As such the
dismissal should have been without prejudice.
Accordingly,

IT IS HEREBY ORDERED that the motion to alter judgment [30] is
granted, and the Memorandum and Order entered on March 23, 2016 [27] is
corrected nunc pro tunc as follows: On page 12, “IT IS HEREBY ORDERED
that Nationwide’s motion for summary judgment [20] is granted to the following
extent: plaintiff’s complaint is dismissed without prejudice for lack of subject
matter jurisdiction.” is substituted for “IT IS HEREBY ORDERED that
defendant Nationwide’s motion for summary judgment [20] is granted, and
defendant shall have summary judgment on plaintiff’s complaint, and plaintiff’s
complaint is dismissed with prejudice.”
An Amended Judgment in accordance with this Memorandum and Order
Nunc Pro Tunc and the Memorandum and Order entered on March 23, 2016, is
entered this same date.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 22nd day of April, 2016.

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