A.F. v. United Healthcare
ORDER by Judge Yvonne Gonzalez Rogers denying 19 Motion to Dismiss Count II of Complaint. (fs, COURT STAFF) (Filed on 4/27/2021)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CASE NO. 20-cv-08809-YGR
United States District Court
Northern District of California
ORDER DENYING MOTION TO DISMISS
COUNT II OF COMPLAINT
Re: Dkt. No. 19
On December 11, 2020, plaintiff filed this action under the Employee Retirement Income
Security Act of 1974 (“ERISA”) alleging claims for (1) denial of benefits and (2) breach of
fiduciary duty. On February 26, 2021, defendant filed a motion to dismiss Count II of the
complaint under Federal Rule 12(b)(6) for failure to plead distinct remedies from Count I and for
failure to state a violation of the Parity Act. (Dkt. No. 19.) Having carefully considered the
briefing and arguments submitted on the motion, and for the reasons stated on the record at the
April 20, 2021 hearing, the Court DENIES defendant’s motion to dismiss. Defendant shall have
until May 4, 2021 to file its answer to the complaint.
This Order terminates Docket Number 19.
IT IS SO ORDERED.
Dated: April 27, 2021
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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