Villarreal et al v. Inland Empire Electrical Workers Health and Welfare Trust et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
9 ALMA and BENNY VILLARREAL,
husband and wife,
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Plaintiffs,
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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,
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Defendants.
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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
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ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT - 1
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familiar with the files and records herein and having reviewed the following
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documents:
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1.
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to State a Claim Pursuant to FRCP 12(b)(6) and Motion to Strike Pursuant to
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FRCP 12(f);
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2.
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the Defendants’ proposed order, save and except the dismissal with prejudice of
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Defendant Aetna (concerning its duty to review whether the services are medically
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necessary), as stated in the declaration of Attorney J.J. Sandlin;
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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
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(1)
All claims against Rehn Associates, and individual defendants David
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Kimmet, Kristen Knox and Jane Does Nos. 1-20 are dismissed with prejudice; all
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claims against Aetna are dismissed without prejudice;
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(2)
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Defendants for failure to state a claim: 29 U.S.C. §1102; 29 U.S.C. §1105(a); 29
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U.S.C. §1109; 29 U.S.C. §1131;
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(3)
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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
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ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT - 2
Defendants’ Motion to Strike exemplary and extra-contractual damages,
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(4)
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including for general and specific damages, consequential damages, loss of
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consortium, and personal injury are stricken.
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DATED this 8th day of December, 2016.
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Stanley A. Bastian
United States District Judge
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ORDER PARTIALLY DISMISSING FIRST AMENDED COMPLAINT - 3
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