Hill v. Blue Cross and Blue Shield of Michigan

OPINION AND ORDER OF DISMISSAL

GADOLA, District Judge.

This civil action is being prosecuted under the Employee Retirement Income Security Act (“ERISA”). Before the Court is Defendant’s motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure: dismissal for failure to state a claim upon which relief can be granted. The Court held a hearing on this matter on November 5, 2003. For the reasons set forth below, the Court will grant the motion and dismiss this civil action without prejudice.

I. BACKGROUND

On September 28, 1999, the General Motors Corporation (“GM”) and the…