Koeplin v. Klotz

ORDER ON PLAINTIFF’S MOTION TO DISMISS DEFENDANTS’ FIRST AMENDED COUNTERCLAIM

Re: Dkt. No. 23

Donna M. Ryu, United States Magistrate Judge

This case arises under thé Employee Retirement Income' Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiff Linda' Koeplin filed this suit against Defendants Bayside Solutions Long-Term Incentive & 401(k) Restoration 'Plan and Robert Klotz, an. individual, asserting an ERISA claim for benefits. Defendants answered and counterclaimed against Koeplin. Koeplin now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss1 Defendants’ first…