MEMORANDUM OPINION AND ORDER
LAKE, District Judge.
On June 21, 2005, the court granted Garry Ward's Unopposed Motion for Leave to File Amended Complaint (Docket Entry No. 18), and he filed his First Amended Complaint (Docket Entry No. 19) asserting a claim for breach of contract and, in the alternative, a claim for benefits due under an employee benefit plan governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1101
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