Fletcher et al v. Honeywell International, Inc.
Filing 29
DECISION AND ENTRY OVERRULING MOTION OF DEFENDANT HONEYWELL INTERNATIONAL, INC., TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (DOC. # 15 ); OVERRULING WITHOUT PREJUDICE RETIREES' MOTION FOR (1) SUMMARY JUDG MENT AND PERMANENT INJUNCTION OR, IN THE ALTERNATIVE, (2) PRELIMINARY INJUNCTION PREVENTING HONEYWELL FROM ENDING HEALTHCARE AFTER 2016; OUTLINING FURTHER PROCEEDINGS - Conclusion For the reasons stated above, the Court concludes that the CBA at issue is ambiguous concerning the parties' intent to vest lifetime retiree healthcare benefits. Extrinsic evidence is necessary to resolve the ambiguities, but cannot be considered on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Accordingly, the Court OVERRULES Defendant Honeywell's Motion to Dismiss Complaint for Failure to State a Claim Upon Which Relief Can Be Granted, Doc.# 15 . Signed by Judge Walter H. Rice on 11/15/2016. (srb)
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