Barbarino

Barbarino v. Aetna Life Insurance

Good Law

83 F. Supp. 3d 913·2015 WL 1205316·59 Employee Benefits Cas. (BNA) 2295·2015 U.S. Dist. LEXIS 32111

United States District Court, Northern District of CaliforniaMarch 16, 2015Case No. 5:14-cv-03601-EJDCalifornia1,944 words

Opinion

Lead Opinion

Davila, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

Re: Dkt. No.

Presently before the Court is Defendants Aetna Life Insurance Company (“Aetna”), Boeing Short Term Disability Plan, and Boeing Long Term Disability Plan’s (collectively, “Defendants”) Motion to Dismiss Plaintiff Laura Barbarino’s (“Plaintiff’) Second Cause of Action. The Court found this matter suitable for decision without oral argument pursuant to Civil Local Rule 7-1 (b) and previously vacated the hearing. Having reviewed the parties’ briefing, the Court DENIES Defendant’s Motion to Dismiss Plaintiffs Second Cause of Action.

I. BACKGROUND

Plaintiff alleges that in 2008, she was hired by Jeppesen/Boeing as an International Trip Planner 3. Dkt. No. 1-1 (“Compl.”) at ¶ 14. Through her employ *915 ment, Plaintiff enrolled in the Boeing Short Term Disability Plan and the Boeing Long Term Disability Plan (collectively, the “Plan”). Id. at ¶¶ 3,15.

On February 12, 2013, Plaintiff alleges that she stopped working at Jeppesen/Boe-ing because of fibromyalgia and chronic fatigue. Id. at ¶ 18. Her related symptoms and conditions included: physical impairments, severe and uncontrolled sensitivity in/on her body, cognitive…

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