Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv-01470-JJF

Document 4

Filed 03/28/2005

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UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE SHARON MARMON-KACZOROWSKI Plaintiff v. CONTINENTAL CASUALTY COMPANY, et al. Defendants * * * * * * * * * * * * * * * * * * * Civil Action No.: 04-1470

DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S STATE LAW CONTRACT CLAIMS AND CLAIM FOR PUNITIVE AND/OR EXTRA-CONTRACTUAL DAMAGES Defendants, Continental Casualty Company and CNA Life Assurance Company (hereinafter "Defendants"), by their undersigned counsel and pursuant to Rule 12(b) of the Federal Rules of Civil Procedure respectfully request that this Court enter an Order dismissing Plaintiff's State law contract claims and claim for punitive and/or extracontractual damages with prejudice. In support thereof Defendants state as follows: 1. On or about October 25, 2004, Plaintiff, Sharon Marmon-Kaczorowski

("Plaintiff" or "Kaczorowski") filed a Complaint against the Defendants in the Superior Court of Delaware for New Castle County, in the civil action styled Sharon MarmonKaczorowski v. Continental Casualty Company, et al., Case No. 04-C-10-40 CHT. 2. On or about November 24, 2004, Defendants timely removed this action

to the United States District Court for the District of Delaware as this case concerns the interpretation and application of provisions of an employee welfare benefit plan (the "Plan") and, therefore, the Employment Retirement Income Security Act of 1974, as Amended ("ERISA"), 29 U.S.C. §§ 1001, et seq., governs this lawsuit.

Case 1:04-cv-01470-JJF

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Filed 03/28/2005

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3.

Plaintiff's claim in this action alleges a breach of Continental Casualty

Company Group Policy No. SR-83090156, issued by that company to Plaintiff's employer, Computer Sciences Corporation. 4. In her Complaint, Plaintiff claims "compensatory damages resulting from

the breach of contract." 5. Plaintiff's claims against Defendants fail to state a claim upon which relief

can be granted. 6. Plaintiff has raised only State law claims sounding in contract which are

statutorily preempted by ERISA. 7. 8. Plaintiff's State law claims must therefore be dismissed. Plaintiff's Complaint further seeks punitive and/or extra-contractual

damages against Defendants. 9. Punitive and/or extra-contractual damages are not available for claims

under ERISA plans. 10. Simultaneous with this Motion, Defendants are filing a Memorandum of

Law In Support of this Motion which sets out in greater detail the reasons why this Motion and the relief requested should be granted. WHEREFORE, Defendants respectfully request an Order dismissing Plaintiff's State law contract claims and claim for punitive and/or extra-contractual damages with prejudice. Respectfully submitted, ___/s/ Susan A. List _____________ David G. Culley, Fed. Bar No. 2141 Susan A. List, Fed. Bar No. 3752 TYBOUT, REDFEARN & PELL 300 Delaware Avenue, Suite 1100 P.O. Box 2092 Wilmington, Delaware 19899 (302) 658-6901

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Case 1:04-cv-01470-JJF

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Filed 03/28/2005

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J. Snowden Stanley, Jr. (Of Counsel) SEMMES, BOWEN & SEMMES 250 West Pratt Street Baltimore, Maryland 21201 (410) 539-5040 Attorneys for Defendants DATED: March 28, 2005

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Case 1:04-cv-01470-JJF

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Filed 03/28/2005

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this __28 day of ___March_____, 2004, copies of the foregoing Defendants' Motion to Dismiss Plaintiff's State Law Contract Claims and Claim for Punitive and/or Extra-Contractual Damages, via e-filing on: Robert C. McDonald, Esquire Silverman, McDonald & Friedman 1010 N. Bancroft Parkway Wilmington, Delaware 19805 Attorneys for Plaintiff /s/ Susan A. List Susan A. List

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