Manning v. Lincoln National Life Insurance Company, The

Filing 7

ORDER directing counsel for the plaintiff to file to file an amended complaint setting forth the basis for this court's jurisdiction within the body of the complaint. Signed by Honorable Joseph F. Anderson, Jr. on 10/22/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Lee Ethel Manning,
Plaintiff,
v.
The Lincoln
Company,

National

Life

Insurance

Defendant.
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C/A: 3:14-3978-JFA

ORDER

This action was filed in the original jurisdiction of this court and the civil cover sheet
that accompanied the complaint indicates that the action is brought pursuant to the provisions
of the Employee Retirement Income Security Act (ERISA). The allegations of the complaint,
however, do not indicate that the life insurance policy at issue was part of an employee
benefit plan so as to trigger coverage under ERISA. Moreover, the complaint contains
allegations for negligence and bad faith, which are clearly not proper claims under ERISA.
For the foregoing reasons, the plaintiff is directed to file an amended complaint,
setting forth the basis for this court’s jurisdiction within the body of the complaint.
IT IS SO ORDERED.

October 22, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge