Del Prete v. Magellan Behavioral Health, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

I. INTRODUCTION

This case is brought pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (“ERISA”) by Plaintiff Kirk Del’ Prete against Defendants Comcast -Comprehensive Health and Welfare Benefits Plan (the “Plan”), Independence Blue Cross (“Blue Cross”), Magellan Behavioral Health, Inc. (“Magellan”), AllMed Healthcare Management,'Inc. (“AllMed”) and Skip Freedman, M.D. (“Freedman”) (collectively, “Defendants”). Plaintiff seeks to recover benefits he was denied for substance abuse treatment pursuant to 29 U.S.C. § 1132 (a)(1)(B) and to recover attorney fees and costs pursuant to 29 U.S.C. § 1132 (g). Plaintiff also seeks an injunction pursuant to 29 U.SC. § 1132(a)(3) prohibiting Defendants Blue Cross and Magellan from continuing to engage Defendants AllMed and Freedman as independent medical reviewers, prohibiting Defendants AllMed and Freedman from continuing to serve as independent medical reviewers and attorney fees and costs pursuant tó 29 U.S.C. § 1132 (g). Complaint at 13-14.

Defendant Magellan has moved to dismiss plaintiffs second cause, .of action. For the reasons set…