Moeller
Moeller v. Qualex, Inc.
Opinion
Opinion
Collins, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
Pending before this Court is Defendants’ Motion to Dismiss, filed on July 5, 2006. Plaintiff Cynthia D. Moeller (“Plaintiff’) opposed on August 7, 2006 and Defendants Qualex Inc. and Eastman Kodak Company (collectively, “Defendants”) replied on August 14, 2006. On August 16, 2006 the Court requested additional briefing on the limited issue of whether Plaintiff is a “participant” within the meaning of 29 U.S.C. § 1002 (7) thus giving her standing to bring an ERISA claim and in turn requiring consideration of ERISA preemption. Defendants filed their supplemental brief on August 25, 2006, and Plaintiff filed her opposition to Defendants’ supplemental brief on September 1, 2006.
The Court finds the above-referenced matter appropriate for submission without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the scheduled hearing date of October 2, 2006, is VACATED. Having considered the materials submitted by the parties and the case file, and for the reasons indicated below, the Court GRANTS Defendants’ motion.