Jenks v. DLA PIPER US LLP

Filing 51

ORDER REGARDING ERISA QUESTIONS. Signed by Judge Vince Chhabria on 6/17/2014. (knm, COURT STAFF) (Filed on 6/17/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL TODD JENKS,

Case No. 13-cv-05381-VC

Plaintiff,
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v.

ORDER

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DLA PIPER (US) LLP,
Defendant.

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As explained in the Court's order granting the motion to dismiss the original petition, to

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United States District Court
Northern District of California

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successfully plead subject matter jurisdiction, any amended petition must allege that the arbitrator

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"recognized" an applicable ERISA rule but then "ignored" that rule. At the hearing, counsel for

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Jenks should be prepared to answer the following questions with regard to each ERISA error

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allegedly committed by the arbitrator:

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Which ERISA rule was the arbitrator required to apply?

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Where is that rule identified in the amended petition?

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Where does the amended petition allege that the arbitrator "recognized" this rule?

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Where does the amended petition allege that the arbitrator "ignored" this rule despite

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recognizing it?

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The parties also should be prepared to discuss whether the petition should be dismissed

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under the Colorado River doctrine. In particular, does the absence of a ruling by the state court on

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the ERISA questions presented by the amended petition in this case, combined with the fact that

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the amended petition in this case focuses primarily on the ERISA questions, militate against

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dismissal under Colorado River?

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IT IS SO ORDERED.
Dated: June 17, 2014
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VINCE CHHABRIA
United States District Judge