Opinion
Case No. 2:04CV00148 TC.
July 15, 2004
BRIAN S. KING, ATTORNEY AT LAW, Salt Lake City, UT, Counsel for Plaintiff.
JACKSON LEWIS LLP, Dallas, Texas, IWANA RADEMAEKERS, Admitted Pro Hac Vice, Counsel for Defendant.
ORDER GRANTING DEFENDANT LIBERTY LIFE ASSURANCE COMPANY OF BOSTON dba LIBERTY MUTUAL'S MOTION TO PARTIALLY DISMISS PLAINTIFF'S ORIGINAL COMPLAINT
On June 14, 2004, the Motion to Partially Dismiss Plaintiff's Original Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Liberty Life Assurance Company of Boston dba Liberty Mutual was set for hearing before this Court. Having considered the Motion and Plaintiff's Response, reviewing Plaintiff's Original Complaint, Plaintiff's Response to Liberty's Motion, and hearing the argument of counsel, the Court is of the opinion that Liberty's Motion should be GRANTED. It is, therefore,
ORDERED that Liberty's Motion to Partially Dismiss is hereby GRANTED. It is further
ORDERED that Plaintiff's claim against Defendant shall proceed as a claim pursuant to 29 U.S.C. § 1132(a)(1)(B) and all other claims under § 1132(a) and dismissed with prejudice.