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United States District Court for the District of Massachusetts
June 28, 2021, Decided; June 28, 2021, Filed
Civil Action No. 20-cv-11802-ADB
MEMORANDUM AND ORDER
Plaintiff Jami DeBold brings this action against Defendants Liberty Life Assurance Company of Boston ("Liberty Life"), Liberty Mutual Insurance Company ("Liberty Mutual"), the Wachovia Corporation Long Term Disability Plan (the "Wachovia Plan"), Lincoln Financial Group ("Lincoln"), and Wells Fargo & Company ("Wells Fargo," and together with Liberty Life, Liberty Mutual, the Wachovia Plan, and Lincoln, "Defendants"), alleging a violation of the Employee Retirement Income Security Act of 1974 ("ERISA").1 [ECF No. 10 ("SAC")].2 Currently before the Court are Defendants' motion to dismiss, [ECF No. 14], Defendants' motion to strike, [ECF No. 25], and Ms. DeBold's motion for leave to file another amended complaint, [ECF [*2] No. 30-1]. For the reasons set forth below, Defendants' motions are GRANTED, and Ms. DeBold's motion is DENIED.
A. Factual Background
For purposes of this Order, the facts are drawn from the SAC and interpreted in the light most favorable to Ms. DeBold. See Ocasio-Hernandez v. Fortuño-Burset, 640 F.3d 1, 7 (1st Cir. 2011). As it must, the Court "accept[s] the truth of all well-pleaded facts and draw[s] all reasonable inferences therefrom." Grajales v. P.R. Ports Auth., 682 F.3d 40, 44 (1st Cir. 2012). Additionally, the Court may consider "documents the authenticity of which are not disputed by the parties; . . . official public records; . . . documents central to [Ms. DeBold's] claim; [and/or ] documents sufficiently referred to in the [SAC]." Watterson v. Page, 987 F.2d 1, 3 (1st Cir. 1993).
Ms. DeBold is a participant in the Wachovia Plan. The plan was originally established by First Union Corporation ("First Union") and called the First Union Long Term Disability Plan (the "First Union Plan"). [SAC ¶ 14]. In September 2001, First Union merged with Wachovia Corporation ("Wachovia"), and the post-merger entity used the name Wachovia. See [ECF No. 16-3 at 50]. On January 1, 2002, in light of the merger, the First Union Plan was renamed the Wachovia Plan. See [id.]. Pursuant to the Wachovia Plan, the "Plan Administrator"
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2021 U.S. Dist. LEXIS 120153 *; 2021 WL 2646677
JAMI DEBOLD, Plaintiff, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, et al., Defendants.
benefits, amend, long term disability, motion to dismiss, reduction, motion to strike, fiduciary duty, rollover, terms, discretionary authority, plan administrator, motion for leave, terms of the plan, allegations