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PRESSLEY v. TUPPERWARE LONG TERM DISABILITY PLAN

No. 08-1350.

553 F.3d 334 (2009)

Sherry PRESSLEY, Plaintiff-Appellant, v. TUPPERWARE LONG TERM DISABILITY PLAN; The Prudential Insurance Company of America, Defendants-Appellees, and Tupperware US, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 21, 2009.

Attorney(s) appearing for the Case

ARGUED: Stephen J. Wukela, Wukela Law Firm, Florence, South Carolina, for Appellant. Mark William Bakker, Wyche, Burgess, Freeman & Parham, P.A., Greenville, South Carolina, for Appellees. ON BRIEF: J. Theodore Gentry, Wyche, Burgess, Freeman & Parham, P.A., Greenville, South Carolina, for Appellees.

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge DUNCAN and Judge SMITH joined.

OPINION

KING, Circuit Judge:

Sherry Pressley appeals from the district court's dismissal, for being time-barred, of her claim against The Prudential Insurance Company of America ("Prudential") for its failure to respond to a request for information, in contravention of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"). See Pressley v. Tupperware Long Term Disability Plan, No. 4:05-cv-01875 (D.S.C. Sept...

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