United Healthcare Services, Inc. v. Sanctuary Surgical Centre, Inc.

ORDER ON DEFENDANTS’ MOTION TO DISMISS AMENDED COMPLAINT1 [151]

DANIEL T.K. HURLEY, District Judge.

This matter is before the court on the defendants’ motion to dismiss the plaintiffs’ amended complaint [ECF 151] on ground that all state law fraud-based claims are preempted by the Employee Retirement Income Security Act (“ERISA”), and alternatively, on ground that the plaintiffs’ fraud-based claims fail to satisfy the specificity requirements of Rule 9(b) and fail to state a claim upon which relief may be granted. For reasons set forth below, the court shall deny the motion.

I. BACKGROUND AND…