BARTLETT v. PENNSYLVANIA BLUE SHIELD, (E.D.Pa. 2003)

C. BARCLAY SURRICK, Judge

AND NOW, this 31st day of March, 2003 upon consideration of Plaintiff Rosetta Bartlett's Petition to Remand (Docket No. 3) and Defendant Pennsylvania Blue Shield's Motion to Dismiss (Docket No. 9) and all papers filed in support thereof and in opposition thereto, it is ORDERED as follows:

1. Plaintiffs Petition to Remand is DENIED;

2. Defendant's Motion to Dismiss is GRANTED, without prejudice.

3. Plaintiff is granted leave to file an amended complaint that alleges an ERISA violation within twenty (20) days of the date of this order.