Gibson v. CH2M Hill Constructors, Inc. et al (PLR2)

Filing 29

MEMORANDUM OPINION AND ORDER: The defendants' motions to dismiss [R. 13 , 15 ] are Granted to the extent that the plaintiff's state law claims are Dismissed, with prejudice. The plaintiff is directed to file an amend ed complaint restating his claims under ERISA within 14 days of entry of this order. Failure to comply with this order will result in dismissal of his complaint with prejudice. The plaintiff shall file his motion for summary judgment within 60 days of entry of this order, and the defendants shall file their cross-motion/response 30 days thereafter. Signed by District Judge Pamela L Reeves on 11/16/15. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

Robert Gibson,
Plaintiff,
v.
CH2M Hill Constructors, Inc., and
The Standard Insurance Co.,
Defendants.

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Case No. 3:15-CV-204-PLR-HBG

Memorandum Opinion and Order

On April 8, 2015, the plaintiff Robert Gibson filed a complaint against CH2M Hill
Constructors and The Standard Insurance Co. in the Chancery Court for Knox County,
Tennessee, alleging causes of action for breach of contract, specific performance, and breach of
fiduciary duty arising from their failure to perform under an insurance policy. [R. 1-2]. The
defendants timely removed the action pursuant to 28 U.S.C. § 1331 and 1441 because the
insurance policy at issue is governed by the Employee Retirement Income Security Act of 1974,
29 U.S.C. §§ 1001, et seq. (“ERISA”). [R. 1]. Shortly thereafter, the defendants moved to
dismiss the plaintiff’s state law claims on grounds that ERISA completely preempts them. 29
U.S.C. § 1144(a). [R. 13, 15].
The plaintiff responded by acknowledging that his claims are governed by, and preempted by, ERISA. Accordingly, the plaintiff contends that his claims should be recharacterized
from state law claims to ERISA claims. The Court finds, however, that it would be more
appropriate for the plaintiff to amend his complaint to formally allege his ERISA claims. See

Fed R. Civ. P. 15(a)(2) (“The court should freely give leave [to amend the pleadings] when
justice so requires.”). This is consistent with this Court’s previous rulings in similar situations.
See, e.g., Hall v. Prudential Co. of America, 2014 WL 1513269 (E.D. Tenn. April 15, 2014).
Accordingly, the defendants’ motions to dismiss [R. 13, 15] are Granted to the extent
that the plaintiff’s state law claims are Dismissed, with prejudice. The plaintiff is directed to
file an amended complaint restating his claims under ERISA within 14 days of entry of this
order. Failure to comply with this order will result in dismissal of his complaint with prejudice.
The plaintiff shall file his motion for summary judgment within 60 days of entry of this order,
and the defendants shall file their cross-motion/response 30 days thereafter.
IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT
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