Summary
In Gloff, the Court held that an employer's failure to file Form 5500 was not conclusive, reasoning that permitting a defendant to avoid ERISA requirements because of the failure to file a Form 5500 would violate the purpose of ERISA to protect the individual employees' interests in their employee benefit plans.
Summary of this case from Harding v. Provident Life & Accident Ins. Co.Opinion
Civ Action No. 2:07-cv-736.
September 19, 2007
MEMORANDUM ORDER
On June 6, 2007, this case was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On August 22, 2007 the magistrate judge issued a Report and Recommendation (Doc. 8) regarding Defendant's Motion to Dismiss the Complaint (Doc. 4). The magistrate judge recommended that the District Court grant this Motion without prejudice to the Plaintiff's right to amend her complaint to allege causes of action available under ERISA.
Service of the Report and Recommendation was made on the parties. No Objections were filed.
After a review of the pleadings and documents in the case, together with the Report and Recommendation, the following ORDER is entered:
AND NOW, this 19th day of September, 2007, IT IS HEREBY ORDERED that the Defendant's Motion to Dismiss the Complaint (Doc. 4) is GRANTED without prejudice.
The Report and Recommendation of Magistrate Judge Caiazza dated August 22, 2007 (Doc. 8) is hereby adopted as the opinion of the court.