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