Kern v. Prudential Insurance Company of America et al

Filing 24

ORDER GRANTING 10 Motion to Dismiss Counts I, II, III, IV, And VI in Plaintiff's First Amended Complaint. Signed by Chief Judge Robert C. Jones on 04/26/2013. (Copies have been distributed pursuant to the NEF - KR)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 STEVEN KERN, 7 Plaintiff, 8 vs. 9 10 11 PRUDENTIAL INSURANCE CO. OF AMERICA et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 3:13-cv-00037-RCJ-VPC ORDER 12 13 This is an insurance dispute removed from state court. Defendants have moved to 14 dismiss all claims except the fifth as preempted by ERISA. Plaintiff has filed a motion 15 indicating his non-opposition, except as to Defendants’ request for the Court to strike paragraph 16 14 of the Complaint, allegations within which relate to the fifth claim under ERISA. With that 17 exception, the Court grants the motion. 18 CONCLUSION 19 IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 10) is GRANTED. 20 IT IS SO ORDERED. 21 Dated this 26th day April, 2013. Dated this 16th day of of April, 2013. 22 23 24 25 _____________________________________ ROBERT C. JONES United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?