Opinion
CASE NUMBER: 11-12557, consolidated with CASE NUMBER: 11-12565, consolidated with CASE NUMBER: 11-12796.
September 21, 2011
ORDER
This matter is before the Court on Defendant Blue Cross and Blue Shield of Michigan's Motion Pursuant to Federal Rules 12(B)(6) (F) to Dismiss State Law Claims and Strike Jury Demand. (Doc. # 11). Defendant says Plaintiffs' state and common law claims are preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. Further, it says the ERISA claims must be tried to the Court because neither ERISA nor the Seventh Amendment guarantees the right to trial by jury of breach of fiduciary duty claims under ERISA.
Based on the Complaint and parties' briefs, the Court GRANTS DEFENDANT'S IN PART. Plaintiffs' state and common law claims are DISMISSED WITHOUT PREJUDICE. However, discovery can be conducted on these claims. At the close of discovery Plaintiffs may be able to reinstate them without regard to any statute of limitations concerns.
The Court HOLDS IN ABEYANCE Defendant's request to strike Plaintiffs' jury demand.
IT IS ORDERED.