Opinion
Case No. 05-60161.
November 14, 2005
ORDER DENYING WITHOUT PREJUDICE AVAYA DEFENDANTS' AUGUST 8, 2005 MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT
This matter came before the court on the Avaya defendants' August 8, 2005 motion to dismiss. Plaintiff filed a response August 29, 2005; and the Avaya defendants filed a reply September 12, 2005. Oral argument was heard October 6, 2005.
This is an ERISA claim for disability benefits. The Avaya defendants filed a motion to dismiss based on ¶ 7 of the Complaint, in which Plaintiff alleges that Life Insurance Company of New York ("LINA") "has made all of the decisions regarding plaintiff's claim for benefits in this case."
At oral argument, Plaintiff moved to amend the complaint to state a cause of action against the Avaya defendants.
Accordingly, it is hereby ORDERED that Plaintiff's motion to amend the complaint is GRANTED.
It is further ORDERED that the Avaya defendants' motion to dismiss is DENIED WITHOUT PREJUDICE.