Lakeland Regional Health System v. Walgreens Health Initiatives, Inc.

OPINION and ORDER

Granting Defendant WHI’s Motion to Dismiss Count 3; Directing Defendant WHI to File an Answer to Counts 1 and 2

PAUL L. MALONEY, Chief Judge.

This is an ERISA action with pendent tort and contract claims under Michigan law. Defendant Walgreens Health Initiatives Inc.’s (“WHI”) has filed a Rule 12(b)(6) motion to dismiss count 3, negligence, for failure to state a claim on which relief can be granted. WHI contends that the negligence claim does not allege any duty independent and distinct from the contractual duties the breach of which is the subject of count 2. The plaintiffs…