Quyen Le v. Metropolitan Life Insurance

MEMORANDUM AND ORDER

This lawsuit involves a dispute between plaintiff and her deceased husband’s chil dren from a previous marriage. Defendant Metropolitan Life Insurance Company removed the lawsuit to this federal court on the ground that the single claim alleged against Metropolitan is preempted by the Employee Retirement Income Security Act (“ERISA”). Now pending before the Court for decision are plaintiffs motion to remand and Metropolitan’s motion to dismiss. After carefully considering the papers filed by the parties, and having had the benefit of oral argument, the Court GRANTS the motion to dismiss and DENIES the motion to remand.

RELEVANT ALLEGATIONS OF THE COMPLAINT

Plaintiff Quyen Le left Vietnam, married Thanh Vo, and came to America with him to live as Thanh Vo’s wife in reliance on an oral agreement by Thanh Vo to provide for Quyen Le. Complaint ¶ 2. Throughout Thanh Vo’s marriage to Quyen Le he continued to be employed at Rolls Wood Group. Rolls Wood Group provided Thanh Vo with life insurance and Thanh Vo designated the plaintiff, Quyen Le, as the beneficiary of the policy. Id. ¶20.

Thanh Vo became seriously ill and as a result of his illness became…