United Teamster Fund et al v. Magnacare Administrative Services, LLC et al
| Local 522 Welfare Fund of New York and New Jersey and United Teamster Fund |
| Magnacare Administrative Services, LLC and Magnacare, LLC |
| 1:2013cv06062 |
| August 27, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| William H. Pauley |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 1001 |
| None |
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Filing
45
MEMORANDUM & ORDER granting in part and denying in part 24 Motion to Dismiss; granting in part and denying in part 29 Motion to Dismiss. For the foregoing reasons, MagnaCare Administrative Services, LLC's and MagnaCare, LLC's motion t o dismiss Plaintiffs' Complaint is granted in part and denied in part. The motion to dismiss the deceptive practices claim and the injunctive relief claim are granted; the motion to dismiss the ERISA claim is denied; and the motion to dismiss the fraud, breach of contract, negligent misrepresentation, conversion, and unjust enrichment claims are granted in part and denied in part. United Teamster Fund's and Local 522 Welfare Fund's motion for summary judgment dismissing Defendants' counterclaim is granted and the Trustees' motion to dismiss is denied as moot. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 24 and 29. (Signed by Judge William H. Pauley, III on 8/14/2014) (lmb)
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