Mahorney v. Mahorney et al

Filing 22

OPINION AND ORDER by Magistrate Judge Kimberly E. West: GRANTING (Dkt No 7 ) Motion to Dismiss and dismissing Defendant DDB Unlimited, Inc., a corporation, and ; GRANTING (Dkt No 8 ) Motion to Dismiss and dismissing Defendant Dustin Andrew Mahorney (Successor Personal Representative of the Estate of Kelvin D. Mahorney, deceased) (neh, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
REBECCA LYNN MAHORNEY,
Plaintiff,
v.
DUSTIN ANDREW MAHORNEY,
Successor Personal
Representative of the Estate
of Kelvin D. Mahorney,
deceased;
DDB UNLIMITED, INC.,
a Corporation; and
DDB UNLIMITED, INC.,
as Plan Administrator,
Defendants.

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Case No. CIV-15-088-KEW

OPINION AND ORDER
This matter comes before the Court on the Motion to Dismiss
filed by Defendant DDB Unlimited, Inc., a corporation on March 17,
2015 (Docket Entry #7) and the Motion to Dismiss filed by Defendant
Dustin Andrew Mahorney, Successor Personal Representative of the
Estate of Kelvin D. Mahorney, deceased filed March 17, 2015 (Docket
Entry #8).

Plaintiff initiated this action on January 23, 2015 in

the District Court in and for Murray County, Oklahoma.
removed the case to this Court on March 5, 2015.

Defendants

The action seeks

recovery of certain funds in a 401K profit sharing plan governed by
ERISA.
The moving Defendants contend that they are not proper parties
to

this

action

as

only

the

plan

administrator

acts

as

appropriate party defendant in an action to recover benefits.
U.S.C. § 1132.

the
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Plaintiff concurs in this correct statement of the

law and does not oppose the dismissal of the entities which are not

the administrator of the plan at issue in the case.

Accordingly,

the moving Defendants shall be dismissed from this case.
IT IS THEREFORE ORDERED that the Motion to Dismiss

filed by

Defendant DDB Unlimited, Inc., a corporation on March 17, 2015
(Docket Entry #7) and the Motion to Dismiss filed by Defendant
Dustin Andrew Mahorney, Successor Personal Representative of the
Estate of Kelvin D. Mahorney, deceased filed March 17, 2015 (Docket
Entry

#8)

Unlimited,

are

hereby

Inc.,

a

GRANTED.

As

corporation

and

a

result,
Dustin

Defendants

Andrew

DDB

Mahorney,

Successor Personal Representative of the Estate of Kelvin D.
Mahorney, deceased are hereby DISMISSED from this action.
IT IS SO ORDERED this 30th day of April, 2015.

______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

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