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CRAMER v. JOHN ALDEN LIFE INS. CO.

No. CV 10-77-M-DWM-JCL.

763 F.Supp.2d 1196 (2011)

Stefanie CRAMER, Plaintiff, v. JOHN ALDEN LIFE INSURANCE COMPANY, d/b/a Assurant Health, and Ingenix, Inc., Defendants.

United States District Court, D. Montana, Missoula Division.

February 4, 2011.

Attorney(s) appearing for the Case

Amy Eddy , Joe R. Bottomly , Bottomly Law Offices, Kalispell, MT, John M. Morrison Morrison Motl and Sherwood Helena , MT, Lawrence A. Anderson , Anderson Law Office, Great Falls, MT, for Plaintiff.

Noah G. Lipschultz , Littler Mendelson , Minneapolis, MN, Perry J. Schneider , Milodragovich Dale Steinbrenner & Nygren, Missoula, MT, Brian P. Perryman , Frank G. Burt , Jorden Burt , Washington, DC, Mark D. Parker , Parker Law Firm, Billings, MT, for Defendants.

ORDER

DONALD W. MOLLOY, District Judge.

Plaintiff Stefanie Cramer ("Cramer") brings this putative class action under the Employee Retirement Income Security Act, seeking damages for wrongful denial of benefits, breach of fiduciary duty, and declaratory relief. Defendants moved to dismiss arguing, among other things, that Cramer failed to state a claim upon which relief can be granted. Defendants' argument is straightforward: Cramer's complaint

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