Noel v. Laclede Gas Co.

MEMORANDUM AND ORDER

FREDERICK R. BUCKLES, United States Magistrate Judge.

Pending before this Court is defendant Laclede Gas Company’s Motion to Dismiss Counts I, III, IV, V, VI, and VII of plaintiffs’ Petition (Docket No. 6/filed June 10, 2008.) All matters are pending before the undersigned United States Magistrate Judge, with consent of the parties, pursuant to 28 U.S.C. § 636(c).

I. Background

Plaintiffs’ late husband, Glennon Noel, was employed by Laclede Gas Company *1063(“Laclede”) from approximately 1986 to April 10, 2006, and was a participant in an employee welfare benefit plan (“Plan”)…