Lutheran General Hospital v. Wendy's International, Inc.

MEMORANDUM OPINION AND ORDER

KEYS, United States Magistrate Judge.

Before the Court are Defendants’ Motions to Dismiss, or, In the Alternative, for Summary Judgment; and Plaintiffs Cross-Motion for Summary Judgment. For the reasons set forth below, the Motions to Dismiss are denied and the Defendants’ Motions for Summary Judgment are granted.

Material Facts

At all times material herein, Maryann McGivem and John Romito were employed as management level employees by Defendant Wendy’s International, Inc. (“Wendy’s”). Wendy’s International Health Benefit. Plan (‘Wendy’s Health Plan” or “Plan”) is a…