Case 1:14-cv-00002-IMK Document 6 Filed 04/15/14 Page 7 of 9 PageID #: 32
5.
Plaintiff’s claim is barred, in whole or in part, because Matrix at all times acted in
good faith and in the interest of the STD Plan’s participants and beneficiaries. 6.
Plaintiff is precluded from recovering anything under than the terms of the STD
Plan, ERISA and federal common law. 7.
Denial of Plaintiff’s claims for STD benefits should be upheld because Matrix’s
decision was not arbitrary and capricious and/or an abuse of discretion. 8.
If the Plaintiff is entitled to any STD benefits, any such payment must be reduced
and/or offset in accordance with the terms of the STD Plan. 9.
If the Court determines that the decision to deny benefits alleged in the Complaint
was incorrect, Plaintiff’s claims for STD benefits available beyond the date of that decision must be remanded to the STD Plan’s claim administrator for determination as to whether she continues to meet the STD Plan requirements for ongoing benefits after that date. 10.
Plaintiff has not shown any degree of success on the merits of this case, and, as
such, consideration of award of attorneys’ fees and costs is both premature and speculative. 11.
Matrix reserves the right to assert additional affirmative defenses, cross claims
and counterclaims in the event that discovery reveals that any such defenses are appropriate. 12.
Plaintiff’s Third Cause of Action is completely preempted by ERISA, and, as
such, should be dismissed. WHEREFORE, Defendant, Matrix Absence Management, Inc., respectfully requests that this Court enter judgment in its favor and against Plaintiff on her claims, award Defendant it’s attorneys’ fees and costs to cover the defense of this litigation pursuant to 29 U.S.C. § 1132(g), and grant Defendant such other and further relief as the Court deems just and proper.
7
Ex. M, p. 35
