Aks v. United Missouri Bank

MEMORANDUM AND ORDER

WAXSE, United States Magistrate Judge.

This matter is before the Court on Defendant’s Motion to Dismiss (doc. 7). Defendant moves to dismiss Plaintiffs action pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Defendant contends that the Employee Retirement Income Security Act (“ERISA”) 1 provides the exclusive remedies for the wrongful conduct alleged in Plaintiffs lawsuit. Defendant argues that Plaintiffs allegations, even if true, fail to state a cause of action under ERISA and that the case should therefore be dismissed.

I. Background…