Legal Opinion

Simon v. Cyrus Amax Minerals Health Care Plan

District Court, D. Colorado

Decided August 4, 2000No. Civ.A. 99-B-1791Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

Plaintiff Stephen Simon brings claims under ERISA for denial of healthcare benefits and breach of fiduciary duty. Cyrus Amax Minerals Health Care Plan and Chris Crowl (collectively “Defendants”) each move to dismiss under Fed.R.Civ.P. 12(b)(6). Oral argument would not aid my resolution of these matters. Having the benefit of the briefs to construe properly the claims in question, and for the following reasons, I grant Defendants’ motions to dismiss. Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1331, or alternatively, 28 U.S.C. §…

2Cases cited16 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
  4. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  5. Sutton v. Utah State School for the Deaf & BlindCourt of Appeals for the Tenth Circuit · 1999

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