Erwin v. Northwestern Mutual Life Insurance

ENTRY GRANTING DEFENDANT NORTHWESTERN’S MOTION TO DISMISS

BARKER, Chief Judge.

Defendant Northwestern Mutual Life Insurance Company (“Northwestern”) moves to dismiss Plaintiff’s complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. Northwestern asserts that (1) Count I of Plaintiffs complaint should be dismissed because it is preempted by ERISA; (2) Count II of Plaintiffs complaint should be dismissed because Plaintiff failed to exhaust state and federal administrative remedies, Plaintiffs state law claim is preempted by ERISA,…