Weaver v. The Prudential Insurance Company of America

Filing 52

ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that subject-matter jurisdiction lies in this Court; Plaintiff's motion to remand is therefore DENIED. Prudential's motion for judgment is therefore GR ANTED. The Hospital's motion to dismiss is GRANTED IN PART AND DENIED IN PART. Specifically, the claims against the Hospital are likewise preempted by ERISA. The negligence claim, even though recast as a claim for benefits under ERISA, fails for the same reasons as the claim against the hospital. The motion to dismiss that claim will be GRANTED and the negligence claim DISMISSED. Plaintiff's state-law claim for breach of fiduciary duty is preempted by ERISA but shall be construed as a claim under ERISA for breach of fiduciary duty. As set forth in the accompanying Memorandum Opinion, the Court finds that Plaintiff has successfully stated a claim under ERISA for breach of fiduciary duty; the motion to dismiss is DENIED insofar as it seeks dismissal of that claim. It is so ORDERED. The case is remanded back to the magistrate judge for further case management as may be necessary. Signed by Senior Judge Thomas Wiseman on 12/7/10. (tmw)