Legal Opinion
Kerry v. Southwire Co. & Affiliates Employee Benefit Plan
District Court, D. Utah
Decided July 2, 2004No. 2:04-cv-00147PublishedCited by 2 opinions
1Opinion of the Court
ORDER DENYING DEFENDANTS’ COMBINED MOTION TO DISMISS
CASSELL, District Judge.
This matter is before the court on Defendants’ Combined Motion to Dismiss. Defendants’ sole argument is that Plaintiffs claim is barred by the applicable statute of limitations. The court disagrees and hereby DENIES the motion to dismiss.
BACKGROUND
Plaintiff Bob Kerry is the father of the minor child Austin Kerry. Kerry works for Southwire Company and was the beneficiary of the Southwire Company & Affiliates Employee Benefit Plan (the Plan). The plan is governed by 29 U.S.C. § 1001 et seq. of the Employee Retirement…
2Cases cited9 opinions
- John H. Held v. Manufacturers Hanover Leasing CorporationCourt of Appeals for the Tenth Circuit · 1990
- James F. Jenkins v. Local 705 International Brotherhood of Teamsters Pension PlanCourt of Appeals for the Seventh Circuit · 1983
- Federal Deposit Insurance Corporation, in Its Corporate Capacity, Plaintiff v. James H. Petersen, Henry Heidtbrink, and Jerry R. DunnCourt of Appeals for the Tenth Circuit · 1985
- Jo Ann Johnson v. State Mutual Life Assurance Co. Of AmericaCourt of Appeals for the Eighth Circuit · 1991
- Jerry Harris v. The Epoch Group, L.C. Barnes-Jewish Christian Hospitals, Doing Business as Bjc Healthcare & Associated Entities PlanCourt of Appeals for the Eighth Circuit · 2004
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3Cited by2 opinions
- In Re JohnsonUnited States Bankruptcy Court, E.D. Michigan · 2010
- Snow v. Becton Dickinson and CompanyDistrict Court, D. Utah · 2023