Kienitz v. Metropolitan Life Insurance

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Pending are the defendant’s motion for summary judgment and the plaintiff’s motion for voluntary dismissal. The plaintiff alleges that the defendant, as claims administrator of an employee welfare benefit plan, wrongfully denied her disability benefits. The parties agree that this action is governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. The defendant asserts (1) that the plaintiff is not properly in this forum given her failure to pursue administrative remedies prior to filing suit,…