Six v. Wells Fargo & Company et al

Filing 18

ORDER denying without prejudice in part and granting in part 12 Motion for Partial Dismissal. Signed by Chief Judge Frank D. Whitney on 10/6/2015. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-00279-FDW
ROBERT SIX,
Plaintiff,
v.
WELLS FARGO & COMPANY; LIBERTY
LIFE ASSURANCE COMPANY OF
BOSTON; AND WELLS FARGO &
COMPANY GROUP DISABILITY
INCOME POLICY PLAN,
Defendants.

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ORDER

THIS MATTER is before the Court on Defendants’ “Motion for Partial Dismissal of the
Complaint and to Strike Plaintiff’s Demand for Extra-Contractual Damages.” (Doc. No. 12.)
Defendants’ move, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to
dismiss Plaintiff’s cause of action for Breach of Contract arising out of North Carolina law. In
support of the motion, Defendants argue Plaintiff’s claims are instead governed by the Employee
Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et. seq., which preempts Plaintiff’s
state law breach of contract claim. Plaintiff opposes the motion to dismiss and contends resolving
this argument is premature at this stage in the litigation. The Court agrees with Plaintiff and will
DENY that portion of Defendants’ motion seeking dismissal of Plaintiff’s cause of action for
breach of contract. This ruling is WITHOUT PREJUDICE to Defendants’ ability to reassert these
arguments at summary judgment.
Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, Defendants also move to
strike that portion of Plaintiff’s complaint seeking extra-contractual damages. In his response to

the motion, Plaintiff “does not oppose Defendant’s motion to strike the phrase ‘and compensation
for other damages.’” (Doc. No. 14, p. 5.) Accordingly, the Court GRANTS that portion of
Defendants’ motion seeking to strike this portion of Plaintiff’s complaint.
IT IS THEREFORE ORDERED that Defendants’ Motion (Doc. No. 12) is DENIED
WITHOUT PREJUDICE in part and GRANTED in part as stated herein.
IT IS SO ORDERED.
Signed: October 6, 2015