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15-243 - Doran v. Joy Global, Inc., et al (JRG2)


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15-243 - Doran v. Joy Global, Inc., et al (JRG2)
April 22, 2016
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MEMORANDUM OPINION AND ORDER: The Court finds that the plaintiffs claim meets both prongs of the Davila preemption test and his claim for a declaratory judgment to determine his hire date is preempted by ERISA. Because the plaintiff has failed to exhaust his administrative remedies by filing a claim and appeal with the plan administrator, his action is hereby dismissed. The defendants motion for judgment on the pleadings is GRANTED and the plaintiffs complaint is hereby DISMISSED. See order for details. Signed by District Judge J Ronnie Greer on 4/22/2016. (RLC, )