Kersh ex rel. Estate of Kersh v. UnitedHealthcare Insurance

ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANT PAYCHEX’S MOTION TO DISMISS; (2) DENYING DEFENDANT PAYCHEX’S MOTION TO STRIKE JURY TRIAL DEMAND

DAVID ALAN EZRA, Senior District Judge.

On May 3, 2013, the Court heard oral argument on the Motion to Dismiss filed by Defendant Paychex, Inc., and joined by Defendants UnitedHealthcare Insurance Company and Dennis Walker (collectively, “Defendants”). (Doc. # 5.) Lawrence Smith, Esq., Michael Diksa, Esq., and Michael Klein, Esq., appeared on behalf of Defendants. Lon Packard, Esq., and Michael Packard, Esq., appeared on behalf of Plaintiff…