Falcone v. Teamsters Health and Welfare Fund

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

Before the Court is Defendant Teamsters Health and Welfare Fund’s (the Fund) Motion to Dismiss or, in the Alternative, for Summary Judgment (doc. no. 2). In response to Defendant’s motion, Plaintiff Mary Falcone has filed a cross-motion for summary judgment.

There are two central issues in this case. One, whether a claim for reinstatement of health benefits under an ERISA fund is statutory or contractual in nature. If the Court determines that Plaintiffs claim is statutory, then Plaintiff is free to proceed with a suit in this Court, without first…