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16-5614 - Black v. Lincoln National Life Insurance


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16-5614 - Black v. Lincoln National Life Insurance
November 7, 2016
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MEMORANDUM Opinion and Order: For the foregoing reasons, Lincoln National's motion to dismiss10, is granted to the extent that Black's breach of contract claim is dismissed without prejudice, and is denied to the extent that Black's ERISA claim will proceed. If Black is aware of facts creating an exception to res judicata with respect to his breach of contract claim, he should be prepared to make such an argument at the status hearing set for November 10, 2016. If Black is unable to point to such facts, the dismissal of his breach of contract claim will become with prejudice. Signed by the Honorable Thomas M. Durkin on 11/7/2016:Mailed notice(srn, )
June 21, 2017
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MEMORANDUM Opinion and Order: For the foregoing reasons, Lincoln National's motion to dismiss,39, is granted with prejudice as the Court finds that the policy documents are unambiguous and the legal authority straightforward, such that repleading would be futile. The 6/22/2017 status date is stricken. Civil case terminated. Signed by the Honorable Thomas M. Durkin on 6/21/2017:Mailed notice(srn, )