YERKE v. AETNA

Filing 10

ORDER GRANTING 4 MOTION TO DISMISS WITHOUT PREJUDICE. YERKE MAY FILE AN AMENDED COMPLAINT BY 6/16/17, ETC. SIGNED BY HONORABLE GERALD J. PAPPERT ON 5/19/17. 5/19/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALBERT YERKE,
Plaintiff,

CIVIL ACTION
NO. 16-06512

v.
AETNA,
Defendant.
ORDER

AND NOW, this 19th day of May, upon consideration of Defendant Aetna’s
motion to dismiss (ECF No. 4), and Plaintiff Yerke’s response (ECF No. 8), it is hereby
ORDERED that:
1. Aetna’s motion (ECF No. 4) is GRANTED;
2. Yerke’s claims are DISMISSED without prejudice;
3. Yerke may file an amended complaint asserting federal claims pursuant to
ERISA Section 502(a) on or before June 16, 2017.

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.