Opinion
CASE NO: 8:09-cv-764-T-33TBM.
April 2, 2010
ORDER
This cause comes before the Court pursuant to Plaintiff's motion to amend complaint to add punitive damages and for a trial date certain of January 18, 2010 (Doc. # 26). Defendant Goodwill Industries filed a response in opposition thereto (Doc. # 30).
This action is an ERISA case, and ERISA does not provide for punitive damages under 29 U.S.C. §§ 1109, 1132(a)(1)(B), or 1140. Mass. Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 144 (1985) (§ 1109); Godfrey v. BellSouth Telecomms., Inc., 89 F.3d 755, 761 (11th Cir. 1996) (§§ 1132 and 1140).
Plaintiff has not shown that she is entitled to relief for retaliation or discrimination under Title VII.
Plaintiff's request for a trial date certain is now moot as the parties have met with the Magistrate Judge and agreed to the deadlines and trial dates for this case. See Doc. # 36 37.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff's motion to amend complaint to add punitive damages and for a trial date certain of January 18, 2010 (Doc. # 26) is DENIED. DONE and ORDERED in Chambers in Tampa, Florida.