A.F. v. United Healthcare

Filing 26

ORDER by Judge Yvonne Gonzalez Rogers denying 19 Motion to Dismiss Count II of Complaint. (fs, COURT STAFF) (Filed on 4/27/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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A.F.,

CASE NO. 20-cv-08809-YGR
Plaintiff,

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United States District Court
Northern District of California

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vs.

ORDER DENYING MOTION TO DISMISS
COUNT II OF COMPLAINT
Re: Dkt. No. 19

UNITED HEALTHCARE,
Defendant.
On December 11, 2020, plaintiff filed this action under the Employee Retirement Income

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Security Act of 1974 (“ERISA”) alleging claims for (1) denial of benefits and (2) breach of

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fiduciary duty. On February 26, 2021, defendant filed a motion to dismiss Count II of the

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complaint under Federal Rule 12(b)(6) for failure to plead distinct remedies from Count I and for

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failure to state a violation of the Parity Act. (Dkt. No. 19.) Having carefully considered the

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briefing and arguments submitted on the motion, and for the reasons stated on the record at the

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April 20, 2021 hearing, the Court DENIES defendant’s motion to dismiss. Defendant shall have

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until May 4, 2021 to file its answer to the complaint.

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This Order terminates Docket Number 19.

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IT IS SO ORDERED.

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Dated: April 27, 2021
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE