Z.D. ex rel. J.D. v. Group Health Cooperative

ORDER DENYING DEFENDANTS’ 12(b)(6) MOTION TO DISMISS

ROBERT S. LASNIK, District Judge.

This matter comes before the Court on “Defendants’ Motion to Dismiss” (Dkt. *1011# 7). ' Defendants contend that dismissal with prejudice is warranted because (1) Plaintiffs failed .to exhaust their internal appeal rights; (2) Group Health’s denial of benefits was consistent with the language of the Plan; (3) Plaintiffs do not allege and cannot establish that Group Health acted in a fiduciary capacity or that the Plan was harmed; (4) Plaintiffs are not entitled to equitable relief; and (5) ERISA preempts any claim…