Metcalf v. Blue Cross Blue Shield of Michigan et al
| Robert Metcalf |
| Blue Cross Blue Shield of Michigan, Daimler Trucks North America LLC and Daimler Trucks North America LLC Group Health Plan |
| 3:2014cv00302 |
| February 21, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael W. Mosman |
| Labor: Other |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing
30
OPINION and ORDER - The Court ADOPTS Judge Stewart's Findings and Recommendations (Dkt. 24 ), as supplemented herein. For the reasons set forth in Judge Stewart's Findings and Recommendation, as supplemented above, Defendants' motion to dismiss for failure to state a claim (Dkt. 11 ) is GRANTED as to Claim 3 and otherwise DENIED. Plaintiff's Claim 3 is DISMISSED with leave to replead as a separate ERISA violation. Signed on 11/5/2015 by Judge Michael H. Simon. (mja)
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