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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 A.F., CASE NO. 20-cv-08809-YGR Plaintiff, 7 8 9 10 United States District Court Northern District of California 11 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 12 Security Act of 1974 (“ERISA”) alleging claims for (1) denial of benefits and (2) breach of 13 fiduciary duty. On February 26, 2021, defendant filed a motion to dismiss Count II of the 14 complaint under Federal Rule 12(b)(6) for failure to plead distinct remedies from Count I and for 15 failure to state a violation of the Parity Act. (Dkt. No. 19.) Having carefully considered the 16 briefing and arguments submitted on the motion, and for the reasons stated on the record at the 17 April 20, 2021 hearing, the Court DENIES defendant’s motion to dismiss. Defendant shall have 18 until May 4, 2021 to file its answer to the complaint. 19 This Order terminates Docket Number 19. 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 Dated: April 27, 2021 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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