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GAYLE v. FLEXIBLE BENEFIT PLAN/UPS LONG TERM DISABILITY PLAN

Civ.A. No. 3:03-3638-22.

318 F.Supp.2d 328 (2004)

Lisa GAYLE, Plaintiff, v. FLEXIBLE BENEFIT PLAN/UNITED PARCEL SERVICE LONG TERM DISABILITY PLAN, Defendant.

United States District Court, D. South Carolina, Columbia Division.

March 31, 2004.

Attorney(s) appearing for the Case

D. Michael Kelly, Suggs and Kelly, Columbia, SC, Robert Edward Hoskins, Foster and Foster, Greenville, SC, for plaintiff.

Patrick C. DiCarlo, Alston and Bird, Atlanta, GA, David W. Overstreet, R. Michael Ethridge, Carlock, Copeland, Semler and Stair, Charleston, SC, for defendant.

ORDER GRANTING MOTION TO DISMISS

CURRIE, District Judge.

This matter is before the court on Defendant's motion to dismiss this action with prejudice based on Plaintiff's failure to timely exhaust plan remedies. This motion follows the court's earlier order denying Plaintiff's motion to remand the action to Defendant with a directive that Defendant allow Plaintiff to exhaust her plan remedies. For the reasons set forth below, the court grants Defendant's...

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