Hyder

Hyder v. Kemper National Services, Inc.

Good Law
390 F. Supp. 2d 915·2005 WL 1593600·2005 U.S. Dist. LEXIS 37432
United States District Court, Northern District of CaliforniaJune 29, 2005C 05-1782 CWCalifornia1,521 words

Opinion

Opinion

Wilken, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Defendants Kemper National Services, Inc., Lumberman’s Mutual Insurance Co., Broadspire Services, Inc., Vodafone Americas, Inc., Long Term Disability Plan, and Vodafone Americas, Inc., Short Term Disability Plan (collectively, Moving Defendants) move to dismiss Plaintiff Nancy Hy-der’s State law claims against them for failure to state a claim upon which relief can be granted, on the grounds that they are preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1054 et seq. Plaintiff opposes the motion.

Having considered all of the papers filed by the parties, the Court grants Defendants’ motion.

BACKGROUND

According to her complaint, Plaintiff was employed by Defendant Vodafone Americas (Vodafone), or its subsidiaries or affiliates. Defendants Vodafone Americas, Inc., Long Term Disability Plan, and Vo-dafone Americas, Inc., Short Term Disability Plan (collectively, Disability Plan Defendants) were established for Vodafone employees and are employee welfare benefit plans as defined by provisions of ERISA, 29 U.S.C. § 1002 . Complaint ¶ 4. Disability Plan Defendants “satisfied their respective obligations” to…

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