Legal Opinion

Flynn v. Ascension Health Long Term Disability Plan

District Court, E.D. Missouri

Decided December 23, 2014No. 4:13CV2449 HEAPublished

1Opinion of the Court

OPINION, MEMORANDUM AND ORDER

HENRY EDWARD AUTREY, District Judge.

This matter is before the Court on Plaintiffs Motion for Voluntary Dismissal, for lack of subject matter jurisdiction, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, [Doc. No. 39].1 Defen*1082dants oppose the Motion. For the reasons set forth below, the Motion is denied.

Background

Plaintiff Debra Flynn (“Plaintiff’) brings this action under the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq., alleging that Defendants Ascension Health Long Term Disability Plan (“the LTD Plan”) and…

2Cases cited17 opinions

  1. Hamm v. Rhone-Poulenc Rorer Pharmaceuticals, Inc.Court of Appeals for the Eighth Circuit · 1999
  2. Gross v. Sun Life Assurance Co. of CanadaCourt of Appeals for the First Circuit · 2013
  3. Alexander Menkes v. Prudential Insurance Co of AmeCourt of Appeals for the Third Circuit · 2014
  4. Great Rivers Cooperative Of Southeastern Iowa v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 1999
  5. Claudia Lown v. Continental Casualty CompanyCourt of Appeals for the Fourth Circuit · 2001

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