Weaver v. The Prudential Insurance Company of America
Filing
67
ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court finds that (1) the plaintiff does not have an adequate remedy against the defendant hospital under 29 U.S.C. § 1132(a)(1)(B); (2) if the Plaintiff's allegati ons are true, the Hospital acted as an ERISA fiduciary in its dealings with her; and (3) if the Plaintiff proves her version of facts at trial, the plaintiff may recover damages under 29 U.S.C. § 1132(a)(3), pursuant to Krohn v. Huron Memorial H ospital, 173 F.3d 542, (6th Cir. 1999). Accordingly, the defendant's motion 59 is hereby DENIED. This matter remains scheduled for trial on December 6, 2011. However, this Court is of the opinion that the order entered herein, though interloc utory in nature, involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. 28 U.S.C.A. § ; 1292(b). If a prompt application for permission to appeal is made to the United States Court of Appeals for the Sixth Circuit, as provided in § 1292(b), this Court will entertain a motion to stay these proceedings pending resolution of the application to appeal and, if applicable, the resolution of such appeal. Id. It is so ORDERED. Signed by Senior Judge Thomas Wiseman on 10/12/11. (tmw)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BARBARA WEAVER,
Plaintiff,
v.
THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA, and
HENDERSONVILLE HOSPITAL CORP., d/b/a
HENDERSONVILLE MEDICAL CENTER,
Defendants.
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)
)
)
)
) Civil Action No. 3:10‐cv‐438
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) Judge Thomas A. Wiseman, Jr.
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)
)
)
)
ORDER
Before the Court is defendant Henderson Hospital Corp.’s Motion for Judgment as a
Matter of Law (ECF No. 59). For the reasons set forth in the accompanying Memorandum
Opinion, the Court finds that (1) the plaintiff does not have an adequate remedy against the
defendant hospital under 29 U.S.C. § 1132(a)(1)(B); (2) if the Plaintiff’s allegations are true, the
Hospital acted as an ERISA fiduciary in its dealings with her; and (3) if the Plaintiff proves her
version of facts at trial, the plaintiff may recover damages under 29 U.S.C. § 1132(a)(3),
pursuant to Krohn v. Huron Memorial Hospital, 173 F.3d 542, (6th Cir. 1999). Accordingly, the
defendant’s motion (ECF No. 59) is hereby DENIED.
This matter remains scheduled for trial on December 6, 2011. However, this Court is of
the opinion that the order entered herein, though interlocutory in nature, involves a controlling
question of law as to which there is substantial ground for difference of opinion and that an
2
immediate appeal from the order may materially advance the ultimate termination of the
litigation. 28 U.S.C.A. § 1292(b). If a prompt application for permission to appeal is made to
the United States Court of Appeals for the Sixth Circuit, as provided in § 1292(b), this Court will
entertain a motion to stay these proceedings pending resolution of the application to appeal
and, if applicable, the resolution of such appeal. Id.
It is so ORDERED.
Thomas A. Wiseman, Jr.
Senior U.S. District Judge
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