Bessinger v. Cimarex Energy Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA JAY BESSINGER, ) ) Plaintiff, ) ) v. ) Case No. 23-cv-00452-SH ) CIMAREX ENERGY CO. and COTERRA ) ENERGY, INC., ) ) Defendants. ) OPINION AND ORDER Before the Court is Defendants’ motion to dismiss Plaintiff’s First Amended Petition.1 While the petition asserts only state-law claims, Defendants argue these claims are completely preempted by ERISA because they relate to an employee welfare benefit plan. The Court agrees and finds Plaintiff’s state-law claims should be dismissed. The Court, however, will allow Plaintiff…