West Houston ENT & Sleep Center, PA v. Breitburn Management Company, LLC Welfare Benefit Plan et al
Filing 25
ORDER - as laid out, Dfts' 9 Motion to Dismiss for Failure to State a Claim is DENIED as to the § 1132(a)(1)(B) claim. As to the ERISA estoppel claim, the Court will allow Pltf to file and amended complaint establishing a factual basis for its ERISA estoppel claim within 21 days from the date of this Order. If Pltf fails to file such a complaint, Pltf's ERISA estoppel claim will be dismissed without further order from this Court. (Signed by Judge Alfred H Bennett) Parties notified.(sanderson, 4)
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