Fey

Fey v. Board of Pensions of the Evangelical Lutheran Church in America

Good Law
United States District Court, Northern District of CaliforniaFebruary 14, 20203:19-cv-05914California754 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

REV. DANIELLE FEY, Plaintiff, No. C 19-05914 WHA

v.

BOARD OF PENSIONS OF THE ORDER GRANTING EVANGELICAL LUTHERAN CHURCH IN DEFENDANT'S MOTION AMERICA, doing business as PORTICO TO TRANSFER VENUE BENEFIT SERVICES and EVANGELICAL LUTHERAN CHURCH IN AMERICAN

DISABILITY BENEFITS PLAN,

16 Defendants.

18 In this action to enforce non-ERISA disability benefits, the agreement contains a 19 mandatory forum-selection clause, so the motion to transfer is GRANTED. 20 Plaintiff Reverend Danielle Fey worked as a pastor and participated in the Lutheran 21 Church’s group benefits plan. Defendant is the Board of Pensions of the Evangelical Church 22 in America, doing business as Portico Benefit Services and Evangelical Lutheran Church in 23 American Disability Benefits Plan. The agreement between Fey and the Board is a Church 24 plan and thus not regulated by ERISA. After Fey became unable to work due to fibromyalgia 25 and chronic fatigue, the Board terminated her benefits. Fey…

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