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DUCRE v. SBC-SOUTHWESTERN BELL

No. Civ.A. SA-04-CA-0835.

402 F.Supp.2d 766 (2005)

Kathleen P. DUCRE, Plaintiff, v. SBC-SOUTHWESTERN BELL and Sedgwick Claims Management Services, Inc., Defendants.

United States District Court, W.D. Texas, San Antonio Division.

April 4, 2005.

Attorney(s) appearing for the Case

Gloria M. Salinas, Attorney at Law, Austin, TX, for Plaintiff.

Maureen F. McNiece, Southwestern Bell Telephone, LP, San Antonio, TX, for Defendants.

ORDER

RODRIGUEZ, District Judge.

On this date the Court considered Defendants' motion to dismiss (docket no. 5).1 Defendants asserts that Plaintiff's claims are pre-empted under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., and all claims made by Plaintiff must be brought against the ERISA plan itself. After considering the pleadings, Defendants' motion, and Plaintiff's response...

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