Maffei

ORDER

Defendants move for dismissal of Defendant Allstate California Insurance Company (“Allstate California”) from this action under Federal Rule of Civil Procedure 21, for dismissal of Plaintiffs’ fraud, intentional infliction of emotional distress, and loss of consortium claims under Federal Rule of Civil Procedure 12(b)(6), and for dismissal of Plaintiffs’ fraud claim under Federal Rule of Civil Procedure 9. (Defs.’ Notice of Mot. and Mot. to Dismiss (“Defs.’ Mot.”) at 4.) Plaintiffs oppose the motion.

BACKGROUND

Seven Plaintiffs have brought this action against Allstate California, Allstate Insurance Company, Allstate Property and Casualty Insurance Company, and Allstate Life Insurance Company (“Defendants”). (Pis.’ Compl. ¶¶ 1-9.) Four of the Plaintiffs, Don Maffei Jr., Rodney New, Mike Lusk, and John Brinckerhoff, allege they were employed by Defendants from at least 1998 until 2005 (“Employee Plaintiffs”). (Id. ¶¶ 10-13, 39.) The other three Plaintiffs, Shelly Maffei, Judith Ann New, and Carol Ann Lusk, allege they are each married to an Employee Plaintiff (“Spousal Plaintiffs”). (Id. ¶¶ 1-3.)

Employee Plaintiffs allege Defendants initiated “an aggressive campaign to…