The Board of Trustees of the National Elevator Industry Health Benefit Plan v. Gallagher Bassett Services, Inc. et al
ORDER by Judge Hamilton Granting 4 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 3/21/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
THE BOARD OF TRUSTEES OF THE NATIONAL
ELEVATOR INDUSTRY HEALTH BENEFIT
No. C 11-5594 PJH
For the Northern District of California
United States District Court
GALLAGHER BASSETT SERVICES, INC.,
ORDER GRANTING MOTION
Defendant’s motion to dismiss came on for hearing on March 21, 2012 before this
court. Plaintiff the Board of Trustees of the National Elevator Industry Health Benefit Plan
(“plaintiff”) appeared through its counsel, Minh Hoang. Defendant Gallagher Bassett
Services, Inc. (“defendant”) appeared through its counsel, Anna Fabiano. Having read the
papers properly submitted to the court and considered the relevant legal authority, the court
hereby STRIKES plaintiff’s belatedly filed opposition brief, and GRANTS defendant’s
motion to dismiss plaintiff’s complaint, for the reasons stated at the hearing. Leave to
amend is granted so that plaintiff may attempt to cure the deficiencies noted by the court.
Plaintiff’s amended complaint shall be due no later than April 18, 2012. Defendant’s
response thereto shall be due no later than May 9, 2012.
IT IS SO ORDERED.
Dated: March 21, 2012
PHYLLIS J. HAMILTON
United States District Judge
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