Whitley v. DR. PEPPER SNAPPLE GROUP, INC. et al
| Amy Whitley |
| DR. PEPPER SNAPPLE GROUP, INC. and Dr. Pepper Snapple Group Health Plan |
| 4:2017cv00047 |
| January 19, 2017 |
| US District Court for the Eastern District of Texas |
| Sherman Office |
| Grayson |
| Amos L. Mazzant |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1362 |
| Plaintiff |
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Filing
30
MEMORANDUM OPINION AND ORDER - It is therefore ORDERED that Defendant Dr Pepper Snapple Group, Inc., Dr Pepper Snapple Group Health Plan and the Dr Pepper Snapple Group, Inc. Administrative Committee's (collectively, "Defendants") M otion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim upon Which Relief Can Be Granted Under Federal Rule of Civil Procedure 12(b)(6) (Dkt. 10 ) is hereby GRANTED IN PART AND DENIED IN PART. Accordingly, Plaintiff 's 29 U.S.C. § 1132(a)(1)(B) benefit claims relating to L.K.W.'s Second Claim and L.Q.W.'s Initial Claim are dismissed without prejudice. However, the Court denies Defendants' motion as to Plaintiff's remaining claims. Signed by Judge Amos L. Mazzant, III on 9/19/2017. (baf, )
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