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Daniel Tingler v. UNUM Life Insurance Company of America and John Doe Plan Administrator

Case Number: 
6:02-cv-01285

Memorandum Opinion and Order

Pending before the court is the defendants’ motion to dismiss the plaintiff’s first amended and supplemental complaint.  [Docket 16].  The court FINDS that all of the plaintiff’s various claims are either completely or substantively preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq.  Accordingly, the court (1) GRANTS the defendants’ motion to recharacterize Count I as a claim for benefits under § 502(a)(1)(B) of ERISA, 29 U.S.C. § 1132(a)(1)(B); (2) GRANTS the defendants’ motion to dismiss Count II, III, and V with prejudice because such claims are not authorized under ERISA’s civil enforcement provisions; (3) GRANTS the defendants’ motion to dismiss Count IV because it relates to the processing of the plaintiff’s benefits under an ERISA plan; and (4) GRANTS the defendants’ motion to strike the plaintiff’s request for extracontractual compensatory and punitive damages and a jury trial.

Date: 
Wednesday, April 2, 2003