The Board of Trustees of the National Elevator Industry Health Benefit Plan v. Gallagher Bassett Services, Inc. et al

Filing 21

ORDER by Judge Hamilton Granting 4 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 3/21/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 THE BOARD OF TRUSTEES OF THE NATIONAL ELEVATOR INDUSTRY HEALTH BENEFIT PLAN, 9 Plaintiff, No. C 11-5594 PJH v. 11 For the Northern District of California United States District Court 10 12 GALLAGHER BASSETT SERVICES, INC., et al., 13 ORDER GRANTING MOTION TO DISMISS Defendants. _______________________________/ 14 15 Defendant’s motion to dismiss came on for hearing on March 21, 2012 before this 16 court. Plaintiff the Board of Trustees of the National Elevator Industry Health Benefit Plan 17 (“plaintiff”) appeared through its counsel, Minh Hoang. Defendant Gallagher Bassett 18 Services, Inc. (“defendant”) appeared through its counsel, Anna Fabiano. Having read the 19 papers properly submitted to the court and considered the relevant legal authority, the court 20 hereby STRIKES plaintiff’s belatedly filed opposition brief, and GRANTS defendant’s 21 motion to dismiss plaintiff’s complaint, for the reasons stated at the hearing. Leave to 22 amend is granted so that plaintiff may attempt to cure the deficiencies noted by the court. 23 Plaintiff’s amended complaint shall be due no later than April 18, 2012. Defendant’s 24 response thereto shall be due no later than May 9, 2012. 25 IT IS SO ORDERED. 26 Dated: March 21, 2012 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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