Maniscalco v. TAC Americas Comprehensive Healthcare Plan

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT

MCMAHON, District Judge.

Thomas and Alexandra Maniscalco filed this action against TAC Americas, Inc. Comprehensive Healthcare Plan (the “Plan”) and TAC Americas, Inc. (“TAC”) to recover medical benefits and attorneys’ fees wider the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001-1461 (West 2003), specifically § 1132(a)(1)(B), (a)(3), and (g). TAC moves to dismiss the case for lack of jurisdiction, and, alternatively moves for summary judgment based on the Plaintiffs’ failure…