Hendrix v. Wall-Mart Stores, Inc. et al
Filing
59
OPINION on Summary Judgment. Kimberly Hendrix will take nothing from Prudential. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) (Main Document 59 replaced to correct clerical error on 11/7/2016) (ghassan, 4).
UNITED STATES DISTRICT COURT
Kimberly D. Hendrix,
Plaintiff,
'Vcrsus
Wal-Mart Stores, Inc., ct al.,
Defendants.
SOUTHERN DISTRICT OF TEXAS
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Civil Action H-I5-1920
Opinion on Summary Judgment
1.
Introduction.
Kimberly D. Hendrix sued (a) Wal-Mart Stores, Inc.,
(b) Associates Health and
Welfare Plan, and (c) The Prudential Insurance Company of America for denying her
claim for benefits under her late husband's employee benefit plan. Her claims against
Prudential remain. She wiU take nothing.
2.
Background.
Randy Hendrix's policy was sponsored by Wal-Mart, part of Associates, and
administered by Prudential. It included benefits for basic and optional associate term
life coverage. HoUye Hendrix was the designated beneficiary of the basic plan; Kimberly
Hendrix was the designated beneficiary of the optional plan.
Randy Hendrix worked at Wal-Mart unrilJuly 11,2012, when he retired. On
July 23, 2012, Prudential sent him a letter, notifying him that he had 31 days - until
August II, 2012 - to convert the group policy into an individual one or he would lose
coverage. Because Randy Hendrix did not convert the policy, he was not covered when
he died on August 27, 2012.
3.
Claims.
The court dismissed Kimberly Hendrix's claims against Wal-Mart and
Associates, and denied her motion for equitable relief. Her claims against Prudential
remain.
She also seeks to (a) assert claims against Prudential for due process violations,
(b)re-urge her previously denied motion for equitable relief, and (c) add Randy
Hendrix's daughter, Hollye Hendrix, to the lawsuit.
Randy Hendrix was not covered under the policy when he died, and he died
beyond the time to convert the group policy into an individual one. Kimberly Hendrix
does not have a claim for benefits.
Prudential administered the policy. It is not a state actor; she is due no process
from it.
Kimberly Hendrix moved for equitable relief, it was denied, she has moved for
rehearing. She does not need to re-urge the motion in her response to Prudential's
motion for summaryjudgment. Her response also asks the court to add Hollye Hendrix
to the suit. Kimberly Hendrix may not add a party-plaintiffwithout that party's consent.
4.
Conclusion.
Kimberly Hendrix will take nothing from Prudential.
Signed on November 7, 20r6, at Houston, Texas .
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