Free Response to Motion - District Court of Delaware - Delaware

Case 1:O7—cv-00092-JJF Document 18 Filed O2/29/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOANN KAYEA 2 CIVIL ACTION
Plaintiff, :
v. :
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA :
Defendant. : NO: 07-92 (JJF)
DEFENDANT’S RESPONSE TO PLAINTIFF’S
MOTION TO AMEND
Defendant Prudential Insurance Company of America ("Prudential"), by its undersigned
attorneys, responds as follows to plaintiff’ s motion to amend:
1. It is admitted only that the long tenn disability plan at issue, G-77048, is a "governmental
p1an" under the Employee Retirement Income Security Act ("ERISA") and is therefore exempt from
coverage under ERISA. 29 U.S.C. §1003 (b)(1).
2. Denied. As the parties agree that this plan is not subject to ERISA, Prudential requests
that all of plaintiff’ s allegations relating to ERISA be stricken from the Amended Complaint.
3. Admitted.
4-5. The attachment is a document which speaks for itself. By way of further response,
Prudential requests that all of plaintiffs allegations relating to ERISA be stricken from the Amended
Complaint as the parties are in agreement that the group plan at issue is not subject to ERISA.
R ?/A 5
. . , squire
Attomey .D. No. 4103
The Curtis Center, Suite 1130 East
Independence Square West
Philadelphia, PA 19106
(215) 627-6900
Attomey for Defendant
The Prudential Insurance Company of America
293017.1

Case 1:07-cv-00092-JJF Document 18-2 Filed O2/29/2008 Page 1 of 1
CERTIFICATE OF SERVICE
I, Megan Harper, attorney for Defendant The Prudential Insurance Company of America
hereby certify that a true and correct copy of the within Response to Plaintiff’ s Motion to Amend
was served on February 29, 2008 by first class mail to:
SCHMITTINGER AND RODRIGUEZ, P.A.
· U William D. Fletcher, Jr., Esquire
Noel E. Primos, Esquire
414 South State Street
P.O. Box 497
Dover, DE 19903-0497
Attorneys for Plaintf
Megan Ha?/%r, Esquire
2930171