Villarreal et al v. Inland Empire Electrical Workers Health and Welfare Trust et al

Filing 12

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT - granting in part and denying in part 4 Motion to Dismiss for Failure to State a Claim. Signed by Judge Stanley A. Bastian. (CC, Case Administrator)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 ALMA and BENNY VILLARREAL, No. 1:16-cv-03114-SAB 10 husband and wife, 11 Plaintiffs, ORDER GRANTING IN PART 12 vs. AND DENYING IN PART 13 INLAND EMPIRE ELECTRICAL MOTION TO DISMISS AND 14 WORKERS HEALTH AND WELFARE GRANTING LEAVE TO FILE 15 TRUST (“IEEW”); IEEW BOARD OF FIRST AMENDED COMPLAINT 16 TRUSTEES; AETNA INSURANCE 17 COMPANY; REHN AND ASSOCIATES; 18 DAVID KIMMET; KRISTEN KNOX; and 19 JOHN DOES NOS. 1-20, Defendants. 20 21 22 On June 21, 2016, Defendants filed a Fed. R. Civ. P. 12(b)(6) Motion to 23 Dismiss for Failure to State a Claim, ECF No. 4. The motion to dismiss is based 24 on the argument that Plaintiffs’ claims for benefits under a health insurance plan 25 are preempted by federal law. Plaintiffs concede that the Employee Retirement 26 Income Security Act (“ERISA”), 28 U.S.C. § 1001 et seq., preempts their claims, 27 as the plan in question is governed by ERISA and their claims derive from the 28 plan. ORDER GRANTING IN PART AND DENYING IN PART . . . ^ 1 1 Plaintiffs are correct, however, that any dismissal is limited to preempted 2 state law claims, and that an ERISA claim may be set forth in a new complaint. 3 Therefore the Court grants the motion to dismiss only as far as preempted state 4 law claims are concerned. Plaintiffs are otherwise granted leave to file their 5 proposed amended complaint. 6 Accordingly, IT IS HEREBY ORDERED: 7 1. Defendants’ Motion to Dismiss for Failure to State a Claim, ECF No. 4, is 8 GRANTED IN PART AND DENIED IN PART. Preempted state law claims are 9 dismissed. However, any appropriate ERISA claims, and their factual bases, may 10 be pleaded in an amended complaint. 11 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order 12 and forward copies to counsel. 13 DATED this 19th day of August, 2016. 14 15 16 17 18 19 20 Stanley A. Bastian United States District Judge 21 22 23 24 25 26 27 28 ORDER GRANTING IN PART AND DENYING IN PART . . . ^ 2

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