Horton v. Cigna Individual Financial Services Co.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Plaintiff Phyllis Horton (“plaintiff’) moves to remand this case to Illinois state court pursuant to 28 U.S.C. § 1447(c). Defendants Cigna Individual Financial Services - Company (“Cigna”) and Pension Resources, Inc. (“PRI”) move to dismiss plaintiffs complaint as preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). Plaintiffs motion to remand is granted, and defendants’ motion to dismiss' is denied;

BACKGROUND

Horton Publishing (the “Company”) adopted a pension plan (“Plan”) for its employees in 1987. The assets of…