Villarreal et al v. Inland Empire Electrical Workers Health and Welfare Trust et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
9 ALMA and BENNY VILLARREAL,
10 husband and wife,
ORDER GRANTING IN PART
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,
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
ORDER GRANTING IN PART AND DENYING IN PART . . . ^ 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.
Accordingly, IT IS HEREBY ORDERED:
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.
IT IS SO ORDERED. The Clerk of Court is directed to enter this Order
12 and forward copies to counsel.
DATED this 19th day of August, 2016.
Stanley A. Bastian
United States District Judge
ORDER GRANTING IN PART AND DENYING IN PART . . . ^ 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?