Z. v. UnitedHealthcare Insurance Company et al
| Marco Z. |
| Forma Automotive, LLC and UnitedHealthcare Insurance Company |
| 5:2020cv00351 |
| March 20, 2020 |
| US District Court for the Western District of Texas |
| Jason K Pulliam |
| Insurance |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
21
MEMORANDUM OPINION AND ORDER Defendants Motion to Dismiss is GRANTED WITH LEAVE TO AMEND. Marco Zs state-law claims for violations of the Texas Insurance Code, breach of contract, quantum meruit and unjust enrichment are DISMISSED as conflict-preempt ed pursuant to ERISA § 514(a). Marco Zs request to compel production of the administrative record pursuant to ERISA is DISMISSED for failure to state a claim upon which relief may be granted. Marco Z has twenty-one days from the date of this order to file an amended complaint that asserts a viable cause of action under ERISA.. Signed by Judge Jason K. Pulliam. (mgr)
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