ESTATE OF SCHWING v. LILLY HEALTH PLAN

Civil Action No. 03-cv-04848.

898 F.Supp.2d 759 (2012)

ESTATE OF Kevin SCHWING, Plaintiff v. The LILLY HEALTH PLAN; the Eli Lilly and Company Life Insurance and Death Benefit Plan; the Eli Lilly and Company Health Care Flexible Spending Plan; the Eli Lilly and Company Dependent Day Care Flexible Spending Plan; the Lilly Severance Pay Plan; the Eli Lilly and Company Holiday and Vacation Plan; the Lilly DentalPlus Plan; PCS Pharmacy Benefits Management Service Program; the Lilly Employee Savings Plan; the Lilly Retirement Plan; Eli Lilly and Company, Individually and as Plan Sponsor, Fiduciary and Administrator of The Lilly Retirement Plan, and The Lilly Severance Pay Plan, and The Eli Lilly and Company Holiday and Vacation Plan, and The Lilly Health Plan, and The Lilly DentalPlus Plan, and PCS Pharmacy Benefits Management Service Program; the Employee Benefits Committee, As Administrator and Named Fiduciary of The Lilly Retirement Plan, and The Lilly Severance Pay Plan, and The Eli Lilly and Company Holiday and Vacation Plan, and The Lilly Health Plan, and The Lilly DentalPlus Plan, and PCS Pharmacy Benefits Management Service Program; and Lilly Global Shares Stock Option Plan, Defendants.

United States District Court, E.D. Pennsylvania.

September 28, 2012.


Attorney(s) appearing for the Case

Joseph M. Toddy, Esq. , for Plaintiff.

Philip J. Gutwein, II, Esq. , for Defendants.


OPINION

JAMES KNOLL GARDNER, District Judge.

This matter is before the court on Defendants' Petition for Attorneys' Fees and Costs filed September 30, 2011.1 Plaintiff, Estate of Kevin Schwing's Response in Opposition to Defendants' Petition for Attorneys' Fees and Costs was filed October 14, 2011.2

Oral argument was conducted before me on May 3, 2012. The matter was taken under advisement...

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