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HYATT v. PRUDENTIAL INSURANCE CO.

Civil Case No. 1:14-cv-00035-MR-DLH.

DEBORAH A. HYATT, Plaintiff, v. PRUDENTIAL INSURANCE CO. OF AMERICA, THERMO FISHER SCIENTIFIC, Inc. HEALTH AND WELFARE PLAN, and THERMO FISHER SCIENTIFIC, Inc., Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

October 31, 2014.

Attorney(s) appearing for the Case

Deborah A. Hyatt, Plaintiff, represented by Walter E. Daniels, III , Daniels Law Firm, PC.

Prudential Insurance Co. of America, Defendant, represented by Frederick T. Smith , Seyfarth Shaw LLP.

Thermo Fisher Scientific, Inc. Health & Welfare Plan, Defendant, represented by Frederick T. Smith , Seyfarth Shaw LLP.

Thermo Fisher Scientific, Inc., Defendant, represented by Frederick T. Smith , Seyfarth Shaw LLP.

MEMORANDUM OF DECISION AND ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on the Defendant's Motion to Dismiss the Plaintiff's Complaint. [Doc. 3]. The Plaintiff has filed a Response to such motion [Doc. 6], and the Defendant has replied [Doc. 7].

I. FACTUAL AND PROCEDURAL BACKGROUND

The Plaintiff Deborah A. Hyatt brings this action against Prudential Insurance Company of America...

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