Higuera
Higuera v. The Lincoln National Life Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JOSE HIGUERA, Case No. 24-cv-744-MMA-KSC
Plaintiff,
ORDER DISMISSING CASE FOR
v. IMPROPER VENUE AND FAILURE
TO COMPLY WITH COURT
THE LINCOLN NATIONAL LIFE
ORDER
INSURANCE COMPANY,
14 Defendant. 15 16 On April 24, 2024, Plaintiff Jose Higuera initiated this action pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. against The Lincoln National Life Insurance Company, seeking review of the denial of his application for disability benefits. Doc. No. 1. On April 25, 2024, the Court ordered Plaintiff to show cause in writing no later than May 3, 2024, why this case should not be dismissed or transferred for improper venue. Doc. No. 3 (“OSC”). To date, Plaintiff has not responded to the Court’s OSC. Instead, on May 6, 2024, the parties filed a joint motion seeking an extension of time for Defendant to respond to the complaint. Doc. No. 4. According to the joint motion, Defendant’s…