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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BOARD OF TRUSTEES OF THE NATIONAL
ELEVATOR INDUSTRY HEALTH BENEFIT
PLAN,

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Plaintiff,

No. C 11-5594 PJH

v.
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For the Northern District of California

United States District Court

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GALLAGHER BASSETT SERVICES, INC.,
et al.,

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ORDER GRANTING MOTION
TO DISMISS

Defendants.
_______________________________/

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Defendant’s motion to dismiss came on for hearing on March 21, 2012 before this

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court. Plaintiff the Board of Trustees of the National Elevator Industry Health Benefit Plan

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(“plaintiff”) appeared through its counsel, Minh Hoang. Defendant Gallagher Bassett

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Services, Inc. (“defendant”) appeared through its counsel, Anna Fabiano. Having read the

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papers properly submitted to the court and considered the relevant legal authority, the court

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hereby STRIKES plaintiff’s belatedly filed opposition brief, and GRANTS defendant’s

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motion to dismiss plaintiff’s complaint, for the reasons stated at the hearing. Leave to

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amend is granted so that plaintiff may attempt to cure the deficiencies noted by the court.

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Plaintiff’s amended complaint shall be due no later than April 18, 2012. Defendant’s

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response thereto shall be due no later than May 9, 2012.

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IT IS SO ORDERED.

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Dated: March 21, 2012

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______________________________
PHYLLIS J. HAMILTON
United States District Judge