Free Motion for Judgment on the Pleadings - District Court of Delaware - Delaware

Case 1 :07-cv-00685-SLR Document 31 Filed 04/15/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
BARBARA R. JOHNSON, )
)
Plaintiff ) C. A. No. 07-CV—O0685 (SLR)
)
v. )
)
NANTICOKE MEMORIAL HOSPITAL, )
INC., AND NANTICOKE HEALTH )
SERVICES, INC. )
)
Defendants. )
)
MOTION OF DEFENDANTS
FOR JUDGMENT ON THE PLEADINGS
Pursuant to Rule l2(c) of the Federal Rules of Civil Procedure, Defendants,
Nanticoke Memorial Hospital, Inc. and Nanticoke Health Services, Inc., by and through its
undersigned counsel, hereby moves for judgment on the pleadings in its favor and against
Plaintiff Barbara R. Johnson, on all of the claims asserted in Plaintiffs complaint. As a matter
of law, Defendants are entitled to judgment on the pleadings for the following reasons:
1. The pleadings in this matter are closed.
2. Plaintiff only asserts claims under the Employee Retirement Income
Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. ("ERISA"). I
3. The pleadings demonstrate that Plaintiff lacks standing to assert a claim
under ERISA.
4. Specifically, Plaintiff lacks standing because she is neither a participant
nor beneficiary in the plan that forms the basis of her complaint.
L # 719566 vi

Case 1 :07-cv-00685-SLR Document 31 Filed 04/15/2008 Page 2 of 2
In moving for judgment on the pleadings, Defendants rely on the pleadings and
the Opening Brief in Support of Its Motion for Judgment on the Pleadings, which is adopted and
incorporated herein by reference. A
WHEREFORE, Defendants respectfully request judgment on the pleadings in
favor of Defendants and against Plaintiff as a matter of law on all counts.
Respectfully submitted,
Maj- ég
Michael P. Migliore, Esq e (Del. Bar #4331)
STRADLEY RONON STEVENS & YOUNG, LLP
300 Delaware Avenue, Suite 800
Wilmington, DE 19801
(302) 576-5850
[email protected]
and
Patrick R. Kingsley, Esquire (Admitted Pro Hac Vice)
STRADLEY RONON STEVENS & YOUNG, LLP
2600 One Commerce Square
Philadelphia, PA 19103
(215) 564-8000
Attorneys for Defendants,
Nanticoke Memorial Hospital, Inc. and
Nanticoke Health Services, Inc.
Dated: April 15, 2008
L # 719566 v.1

Case 1 :07-cv—00685-SLB Document 31-2 Filed 04/15/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
BARBARA R. JOHNSON, )
)
Plaintiff, . ) C. A. N0. 07-CV-00685 (SLR)
>
v. )
)
NANTICOKE MEMORIAL HOSPITAL, )
INC., AND NANTICOKE HEALTH )
SERVICES, INC., )
)
Defendants. )
>
NOTICE OF SERVICE
To: Eric M. Andersen
Cooch and Taylor
824 N. Market Street, Suite 1000
Wilmington, DE 19801
(Counsel for Plaintiff)
On April 15, 2008, a copy of the (i) Motion of Defendants for Judgment on
the P/eadings and (ii) Defendants’ Opening Brief in Support of its Motion for Judgment
on the P/eadings were served via hand-delivery at the address noted above, and via
electronic service by way ofthe Court’s CM-ECF filing system upon the above-named
counseL
. é gy Q , E
Dated: April 15, 2008 V‘~ — * ` I
Michael P. Migliore ( Bar #4331)
STRADLEY Rorvorv Sfisvizms 8. Youme, l.u=•
300 Delaware Avenue, Suite 800
Wilmington, DE 19801
Telephone: (302) 576-5850
Facsimile: (302) 576-5858
Counsel for Defendants
L# 740525 v.1

Case 1 :07-cv—00685-SLR Document 31 -3 Filed 04/15/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
BARBARA R. JOHNSON, )
)
Plaintiff ) C. A. No. 07-CV-00685 (SLR)
)
v. )
)
NANTICOKE MEMORIAL HOSPITAL, )
INC., AND NANTICOKE HEALTH )
SERVICES, INC. )
)
Defendants. )
)
ORDER
AND NOW, this day of , 2008, upon consideration of
Defendants’ Motion for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(c), Plaintiff’ s
Opposition thereto, and argument of counsel, if any, it is hereby ORDERED, ADJUDGED, and
DECREED that Defendants’ Motion for Judgment on the Pleadings is GRANTED; and it is
further ORDERED, ADJUDGED, and DECREED that judgment be ENTERED in favor of
Defendants Nanticoke Memorial Hospital, Inc. and Nanticoke Health Services, Inc., and against
Plaintiff Barbara R. Johnson on all counts of her Complaint.
BY THE COURT:
U.S. District Court Judge Sue L. Robinson
L # mm V.1

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