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

Filing 18

ORDER GRANTING DEFENDANTS' MOTION TO PARTIALLY DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) AND MOTION TO STRIKE PURSUANT TO FRCP 12(f) - motion terminated regarding 14 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 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF WASHINGTON 9 ALMA and BENNY VILLARREAL, husband and wife, 10 Plaintiffs, 11 vs. 12 INLAND EMPIRE ELECTRICAL WORKERS HEALTH AND 13 WELFARE TRUST (“IEEW”); IEEW BOARD OF TRUSTEES; AETNA 14 INSURANCE COMPANY; REHN AND ASSOCIATES; DAVID 15 KIMMET; KRISTEN KNOX; and JOHN DOES NOS. 1-20, 16 Defendants. 17 18 19 No. 1:16-cv-3114-SAB ORDER GRANTING DEFENDANTS’ MOTION TO PARTIALLY DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) AND MOTION TO STRIKE PURSUANT TO FRCP 12(f) THIS MATTER came before the Court on Defendants’ Motion to partially Dismiss Plaintiffs’ first Amended Complaint for Failure to State a Claim Pursuant to FRCP 12(b)(6), and Motion to Strike Pursuant to FRCP 12(f). The Court, being 20 21 22 ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT - 1 1 familiar with the files and records herein and having reviewed the following 2 documents: 3 1. 4 to State a Claim Pursuant to FRCP 12(b)(6) and Motion to Strike Pursuant to 5 FRCP 12(f); 6 2. 7 the Defendants’ proposed order, save and except the dismissal with prejudice of 8 Defendant Aetna (concerning its duty to review whether the services are medically 9 necessary), as stated in the declaration of Attorney J.J. Sandlin; 10 Defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint for Failure Plaintiffs’ concession, through their counsel, that they have no objection to IT IS HEREBY ORDERED, ADJUDGED AND DECREED that 11 (1) All claims against Rehn Associates, and individual defendants David 12 Kimmet, Kristen Knox and Jane Does Nos. 1-20 are dismissed with prejudice; all 13 claims against Aetna are dismissed without prejudice; 14 (2) 15 Defendants for failure to state a claim: 29 U.S.C. §1102; 29 U.S.C. §1105(a); 29 16 U.S.C. §1109; 29 U.S.C. §1131; 17 (3) 18 against IEEW Trust and Trustees, and The following causes of action are dismissed with prejudice against all The remaining cause of action 29 U.S.C. §1132(a)(1)(B) is only asserted 19 20 21 22 ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT - 2 Defendants’ Motion to Strike exemplary and extra-contractual damages, 1 (4) 2 including for general and specific damages, consequential damages, loss of 3 consortium, and personal injury are stricken. 4 DATED this 8th day of December, 2016. 5 6 7 8 9 Stanley A. Bastian United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT - 3

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