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FLORES v. LIFE INS. CO. OF NORTH AMERICA

Civil No. L-10-0098.

770 F.Supp.2d 768 (2011)

Carolyn FLORES, Plaintiff v. The LIFE INSURANCE COMPANY OF NORTH AMERICA, et al. Defendant.

United States District Court, D. Maryland.

March 16, 2011.

Attorney(s) appearing for the Case

Scott Bertram Elkind , Elkind and Shea, Silver Spring, MD, for Plaintiff.

Mary S. Diemer , Nelson Mullins Riley and Scarborough LLP, Washington, DC, William Clifford Wood, Jr. , Zoe Sanders Nettles , Nelson Mullins Riley and Scarborough LLP, Columbia, SC, for Defendants.

MEMORANDUM

BENSON EVERETT LEGG, District Judge.

This case arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. The pending motions require the Court to decide whether Carolyn Flores, an ERISA claimant, is entitled to statutory penalties and attorney's fees. Flores is not entitled to statutory penalties because (i) defendant LINA is not a plan administrator, and (ii) LINA was not required to furnish...

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