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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

LAFAYETTE DIVISION

JILIAN FERGUSON, )

)

Plaintiff, )

)

vs. ) Case No.: 4:15-cv-68

)

METROPOLITAN LIFE INSURANCE )

COMPANY and )

CELLNET + HUNT EMPLOYEE’S )

WELFARE BENEFIT PLAN, )

)

Defendants. )

COMPLAINT

The Plaintiff, Jilian Ferguson, by and through the undersigned counsel, Bridget O’Ryan,

files this Complaint against Metropolitan Life Insurance Company (“MetLife”) and Cellnet + 

Hunt Employee’s Welfare Benefit Plan (the Plan”) and as cause therefore states as follows:

I. JURISDICTION AND VENUE

1. This action arises under the Employee Retirement Income Security Act of 1974 

(“ERISA”), 29 U.S.C. §1001. The Court has jurisdiction of this case pursuant to 28 

U.S.C. §1331, in that this action arises under the laws of the United States. Specifically, 

Jilian Ferguson brings this action to enforce her rights under ERISA as authorized by 29 

U.S.C. §1132.

2. Jilian Ferguson is a resident of Lafayette, Indiana and a citizen of the State of Indiana.

3. Cellnet + Hunt Employee’s Welfare Benefit Plan is an employee benefit plan 

administered in the Northern District of Indiana. 

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4. As an employee of Landis+Gyr, Jilian Ferguson is a participant of the Cellnet + Hunt 

Employee’s Welfare Benefit Plan.

5. MetLife is the claim administrator for the Cellnet + Hunt Employee’s Welfare Benefit 

Plan.

6. Metropolitan Life Insurance Company (“MetLife”) is a New York company doing 

business in Indiana. MetLife issued disability coverage to the Cellnet + Hunt 

Employee’s Welfare Benefit Plan.

7. The Cellnet + Hunt Employee’s Welfare Benefit Plan promises to pay disability benefits 

to employees of Landis+Gyr if they are unable to work due to sickness or injury.

8. Venue in the Northern District of Indiana is appropriate by virtue of the Cellnet + Hunt 

Employee’s Welfare Benefit Plan being administered in this District.

II. FACTUAL ALLEGATIONS

9. Jilian Ferguson worked as a Marketing Communication Specialist with Landis + Gyr

until she became disabled in February 2011.

10. Ms. Ferguson was forced to stop working as a result of the debilitating effects of

Thoracic Outlet Syndrome, cervical degenerative disc disease and cervical radiculopathy, 

severe neck pain, fibromyalgia, carpal tunnel syndrome, and paresthesia. Ms. Ferguson

stopped working on February 10, 2011.

11. Ms. Ferguson applied for and received long term disability benefits from MetLife from 

August 2013 to September 17, 2014, when they were abruptly terminated.

12. Ms. Ferguson appealed MetLife’s decision to terminate her benefits and her appeal was 

denied on July 29, 2015.

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13. Ms. Ferguson has provided significant medical proof of her disability from her treating 

physicians, who have repeatedly opined that Ms. Ferguson is disabled from performing 

any occupation. 

14. Despite this proof, the Defendants refuse to pay Ms. Ferguson her long term disability 

benefits. As a result of the denial of benefits, Ms. Ferguson suffers from serious financial 

and emotional distress.

III. CLAIM FOR RELIEF

WRONGFUL DENIAL OF EMPLOYEE BENEFITS

15. Paragraphs 1-14 are hereby realleged and incorporated herein by reference.

16. Since February 10, 2011, when Jilian Ferguson was forced to leave active employment, 

Ms. Ferguson remains unable to perform the material duties of her regular occupation or 

any occupation for which she is reasonably qualified based on her education, training or 

experience.

17. Ms. Ferguson provided the Defendants with ample medical evidence to verify her

disability under the Cellnet + Hunt Employee’s Welfare Benefit Plan.

18. The Defendants have intentionally and without reasonable justification denied Ms. 

Ferguson’s long term disability benefits in violation of to the Cellnet + Hunt Employee’s 

Welfare Benefit Plan and ERISA.

WHEREFORE, the Plaintiff, Jilian Ferguson, requests that this Honorable Court enter 

Judgment:

A. Finding that Jilian Ferguson is entitled to long term disability benefits and order the 

Defendants to pay the past due benefits.

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B. Finding that Jilian Ferguson is entitled to long term disability benefits and order the 

Defendants to pay for future monthly benefits as they become due.

C. Awarding the Plaintiff interest on the amount of back benefits which remain unpaid.

D. Awarding the Plaintiff reasonable reimbursement for attorneys’ fees and costs incurred as 

a result of the Defendants’ wrongful denial of benefits. 

E. Awarding all other relief as may be just and appropriate. 

Respectfully Submitted,

/s/Bridget O’Ryan_________

Bridget O’Ryan 

Attorney for Jilian Ferguson

O’Ryan Law Firm

1901 Broad Ripple Avenue

Indianapolis, IN 46220

(317) 255-1000

Fax: (317) 255-1006

boryan@oryanlawfirm.com

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