Neurological Surgery, P.C. et al v. Siemens Corporation
Jeffrey A. Brown, M.D. and Neurological Surgery, P.C. |
Siemens Corporation |
2:2017cv03477 |
June 9, 2017 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arthur D. Spatt |
A. Kathleen Tomlinson |
Labor: E.R.I.S.A. |
28 U.S.C. ยง 1001 E.R.I.S.A. |
None |
Available Case Documents
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Filing 27 MEMORANDUM OF DECISION AND ORDER - For the reasons stated above, the Defendant's 10 motion to dismiss the complaint pursuant to Rule 12(b)(6) is granted in part and denied in part. It is granted to the extent that the Plaintiffs' state l aw claims are expressly preempted by ERISA and must be dismissed. It is denied to the extent that the Plaintiffs have sufficiently pleaded exhaustion and the Defendant failed to prove that the Plaintiffs did not exhaust their administrative remedies. Therefore, the Plaintiffs ERISA claims survive the Defendant's motion. This case is respectfully referred to Magistrate Judge A. Kathleen Tomlinson for discovery. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 12/12/2017. (Coleman, Laurie) |
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