Eric J. Elliott v. Judge James R. Knepp II, Unum Life Insurance Company of America, et al.

Summary

The United States District Court for the Northern District of Ohio denied pro se Plaintiff Eric J. Elliott’s motion for a temporary restraining order seeking to preserve long-term disability benefits and eligibility for a benefits buy-up pending resolution of his ERISA claims. The court concluded that Elliott had not shown a likelihood of success on the merits or irreparable harm, and noted that the case could proceed to a case management conference after service and an answer by Defendant Vontier Employment Services, LLC.

Holdings

1. Plaintiff was not entitled to a temporary restraining order because he failed to demonstrate a likelihood of success on the merits or irreparable injury.
2. The record did not presently establish service of process on Vontier Employment Services by certified mail because it lacked a return receipt signed by a person accepting delivery.

Questions Presented

1. Whether Plaintiff was entitled to a temporary restraining order under Federal Rule of Civil Procedure 65 based on his ERISA allegations.
2. Whether Plaintiff demonstrated a likelihood of success on the merits and irreparable injury sufficient to justify emergency injunctive relief.
3. Whether the existing record demonstrated service of process on Vontier Employment Services through certified mail.

Disposition

other