ESTES v. MICHAEL RIDINGER INSURANCE AGENCY, INC. et al

Filing 11

MEMORANDUM OPINION. Signed by Judge J. Frederick Motz on 1/7/2015. (nk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DENISE ESTES
v.
MICHAEL RIDINGER INSURANCY
AGENCY, ET AL

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* Civil No. JFM-14-264
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MEMORANDUM

This action was initially instituted in the Court of Common Pleas of Crawford County,
Pennsylvania. The action was removed to this court on the ground that plaintiff was asserting a
claim under the Employment Retirement Income Security Act and that a federal question was
therefore presented.
The record now makes clear that plaintiff is alleging that defendant never implemented a
retirement benefit plan. Therefore, ERISA does not apply and the case was improperly removed.
Accordingly, plaintiff’s motion to remand the case to the Court of Common Pleas of Crawford
County, Pennsylvania will be granted. Of course, once the case is remanded, plaintiff may only
recover any damages permitted under Pennsylvania law for an at-will employee who is not
covered by a retirement benefits plan.

Date: January 7, 2015

___/s/ J. Frederick Motz_
J. Frederick Motz
United States District Judge