Critzman v. Life Insurance Company of North America et al

Filing 10

CONSENT ORDER granting in part 5 Motion to Dismiss, dismissing Defendants Cigna Health and Life Insurance Company and Cigna Corporation without prejudice and directing the Plaintiff to file an Amended Complaint to re-plead his claim under ERISA within twenty (20) days of the date of this Order. Signed by Honorable Joseph F. Anderson, Jr. on 03/23/2015.(bshr, )

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

Paul Critzman,

)
)
Plaintiff,
)
)
vs.
)
)
Life Insurance Company of North America, )
Cigna Health and Life Insurance Company, )
and Cigna Corporation,
)
)
Defendants.
)
________________________________
)

C.A. NO. 3:15-cv-01135-JFA

CONSENT ORDER

Before the Court is the Motion of Defendants Life Insurance Company of North America,
Cigna Health and Life Insurance Company, and Cigna Corporation to dismiss this case on the
basis that the claims contained in the Complaint are preempted by the Employee Retirement
Income Security Act of 1974 (“ERISA”), as enacted and amended, 29 U.S.C. § 1001 et seq.
Plaintiff, Paul Critzman, concedes the application of ERISA, but desires to re-plead his claim
under ERISA. Defendants do not oppose Plaintiff re-pleading his claim under ERISA, but
believe that the only appropriate defendant is Life Insurance Company of North America, which
issued Policy OK 980198, the Group Accident Policy upon which Plaintiff makes a claim.
Plaintiff does not oppose dismissing the remaining Defendants without prejudice.
NOW, THEREFORE, upon agreement of the parties, and with good cause being shown,
IT IS ORDERED, ADJUDGED AND DECREED that:
1.

The Motion to Dismiss is granted to the extent it finds the clams pled in the

Complaint are preempted by ERISA.

2.

The Motion to Dismiss is denied to extent Defendants seek a dismissal of this

action. Plaintiff is directed to file an Amended Complaint to re-plead his claim under ERISA
within 20 days of the date of this Order.
3.

Defendants Cigna Health and Life Insurance Company and Cigna Corporation are

dismissed without prejudice.
AND IT IS SO ORDERED.

March 23, 2015
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

WE CONSENT:

WE CONSENT:

s/Billy R. Oswald
Billy R. Oswald, Fed. ID No. 4292
Kelly L. Burnside
Oswald & Burnside, LLC
1031 Center Street
West Columbia, SC 29171-4052
[phone]
[phone] (facsimile)
E-mail: [e-mail]
ATTORNEYS FOR PLAINTIFF

s/Franklin G. Shuler, Jr.
.
Franklin G. Shuler, Jr, Fed. ID No. 5547
Turner Padget Graham & Laney P.A.
1901 Main Street, 17th Floor
P.O. Box 1473
Columbia, South Carolina 29202
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
ATTORNEYS FOR DEFENDANTS