Kiefer v. Lincoln National Life Insurance Company

Filing 13

ORDER signed by Judge J.P. Stadtmueller on 5/31/2018: GRANTING 6 Defendant's Motion to Dismiss and DISMISSING CASE with prejudice. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JOEL J. KIEFER, SR.,
Plaintiff,
v.
LINCOLN NATIONAL LIFE
INSURANCE COMPANY,

Case No. 18-CV-598-JPS-JPS

ORDER

Defendant.
On April 23, 2018, Defendant filed a motion to dismiss this action
pursuant to Federal Rule of Civil Procedure 12(b)(6), asserting that
Plaintiff’s breach of contract action concerning payment of disability
benefits was preempted by the Employment Retirement Income Security
Act of 1974 (“ERISA”). (Docket #6 and #7). Defendant further contends that
Plaintiff’s claim is time barred per the parties’ contract and that he failed to
exhaust his administrative remedies as required by ERISA. Id. By operation
of this District’s Local Rules, Plaintiff’s response to the motion was due on
or before May 14, 2018. Civ. L. R. 7(b). No response was filed by that date.
On May 21, 2018, Defendant filed a statement indicating that
Plaintiff’s response was late. (Docket #12). As of today’s date, Plaintiff has
still declined to file a response or otherwise communicate with the Court.
Local Rule 7(d) provides that failure to file a response to a motion is,
standing alone, sufficient grounds to grant the motion. The Court finds that
dismissal on this basis, rather than an assessment of the merits of
Defendant’s motion, is most prudent at this juncture. The Court will,

therefore, grant Defendant’s motion pursuant to Local Rule 7(d) and
dismiss this action with prejudice.
Accordingly,
IT IS ORDERED that Defendant’s motion to dismiss (Docket #6) be
and the same is hereby GRANTED; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED with prejudice.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 31st day of May, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

Page 2 of 2