B. et al v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA et al

Filing 24

ORDER THAT THE MOTION TO DISMISS COUNT II OF THE COMPLAINT SUBMITTED TO DEFENDANT PRUDENTIAL INSURANCE CO., IS GRANTED, AND COUNT II IS DISMISSED. THE MOTION TO DISMISS SUBMITTED BY DEFENDANTS ELECTRONIC DATA SYSTEMS CORP. AND THE EDS RETIREMENT PLAN IS GRANTED, AND THE COMPLAINT IS DISMISSED AS TO THESE TWO DEFENDNATS. PLAINTIFFS' JURY DEMAND IS STRICKEN. SIGNED BY HONORABLE LOUIS H. POLLAK ON 8/12/09. 8/13/09 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(ah)

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA

A L L A N B. COHEN and R O C H E L L E COHEN, P l a i n t if f s , v. P R U D E N T IA L INS. CO., ELECTRONIC DATA SYSTEMS CORP., M E R IT O R PENSION PLAN, and EDS RETIREMENT PLAN, D e f e n d a n ts . C iv il Action No. 08-5319

ORDER A N D NOW, this 12th day of August , 2009, for the reasons stated in the a c c o m p a n yin g opinion, it is hereby ORDERED that: 1. T h e motion to dismiss Count II of the complaint (docket no. 7), submitted by d e f e n d a n t Prudential Insurance Co., is GRANTED, and Count II is DISMISSED. T h e motion to dismiss submitted by defendants Electronic Data Systems Corp. and th e EDS Retirement Plan (docket no. 14) is GRANTED, and the complaint is D I S M I S S E D as to these two defendants. P la in tif f s ' jury demand is STRICKEN.

2.

3.

B Y THE COURT:

/ s / Louis H. Pollak, J. Pollak, J.