IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 20, 2006
DEBRA S. MUSIC, PLAINTIFF
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA AND PENN NATIONAL INSURANCE DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 19th day of April, 2006, upon consideration of the report of the magistrate judge (Doc. 10), recommending denial of the motion to dismiss (Doc. 5),*fn1 filed by defendant Penn National Insurance ("Penn National"), to which objections were filed (see Docs. 11-12, 16), and, following an independent review of the record, it appearing that Penn National's role as plan administrator (see Doc. 1, Ex. A at 32) cannot be determined absent a development of the factual record,*fn2 see 29 U.S.C. § 1002(21)(A) ("[A] person is a fiduciary with respect to a plan to the extent . . . he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of assets . . . [or] he has any discretionary authority or discretionary responsibility in the administration of such plan."), and that plaintiff alleges that she is entitled to reimbursement of payments for life insurance and health and dental insurance (see Doc. 1 ¶¶ 19-20),*fn3 it is hereby ORDERED that:
1. The report and recommendation of the magistrate judge (Doc. 10) is ADOPTED.
2. The motion to dismiss (Doc. 5) is DENIED.
3. The above-captioned case is REMANDED to the magistrate judge for further proceedings.
CHRISTOPHER C. CONNER United States District Judge