Weathers v. Liberty Life Assurance Company of Boston

Filing 11

ORDER dismissing as moot 5 Motion to Dismiss. Signed by Chief Judge Robert J. Conrad, Jr on 5/18/12. (com)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12-cv-177-RJC-DSC
JOSEPH T. WEATHERS,

)
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Plaintiff,
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v.
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LIBERTY LIFE ASSURANCE
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COMPANY OF BOSTON,
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Defendant.
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______________________________)

ORDER

THIS MATTER is before the Court on Defendant Liberty Life Assurance Company of
Boston’s (“Liberty Life”) Partial Motion to Dismiss, filed on May 3, 2012. (Doc. No. 5). In its
Motion, Liberty Life “seeks to dismiss the Second Claim for Relief in the Complaint, which
asserts a claim for breach of fiduciary duty, presumably pursuant to 29 U.S.C. § 1132(a)(3) of
the Employee Retirement Income Security Act of 1974.” (Id. at 1). On May 9, 2012, Plaintiff
Joseph T. Weathers filed a Notice of Voluntary Dismissal, (Doc. No. 6), voluntarily dismissing
his second claim for relief.
IT IS, THEREFORE, ORDERED that Liberty Life’s Partial Motion to Dismiss, (Doc.
No. 5), is DISMISSED AS MOOT.

Signed: May 18, 2012