Everson v. Blue Cross and Blue Shield of Ohio

MEMORANDUM & ORDER

CARR, District Judge.

This action is before the court on defendant Blue Cross and Blue Shield of Ohio’s (BCBSO) motion to dismiss the amended complaint, plaintiffs’ opposition, defendant’s reply, and plaintiffs’ response. Also before the Court is defendant’s motion for oral argument and plaintiffs opposition. Jurisdiction is based on 29 U.S.C. § 1132(e) and (f),

This action is brought under the Employee Retirement Income Security Act of 1974 as amended (ERISA) and 18 U.S.C. § 1962. Plaintiffs’ complaint includes a claim for benefits pursuant to 29 U.S.C. § 1132(a)(1)(B),…