Bush

Order Re: Motions to Dismiss First Amended Complaint .

Plaintiff James L. Bush brings this Employee Retirement Income Security Act of 1974, as amended (“ERISA”) 1 putative class action against, .defendants Liberty Life Assurance Company of Boston (“Liberty Life”), Hyundai Motor America (“Hyundai”), and the proposed “Administrator Class.” 2 The dispute arises from Liberty Life’s decision to decrease the long-term disability benefits it paid to plaintiff by the amount he received from the Department of Veterans Affairs (“VA”).

Plaintiff filed his initial complaint on April 1, 2014. (Dkt. No. 1 (“Complaint”).) On January 2, 2015, the Court granted in part and denied in part a motion to dismiss filed by Liberty Life and joined, in part, by Hyundai. Bush v. Liberty Life Assurance Co. of Boston, 71 F.Supp.3d 900, 902 (N.D.Cal.2015) (“Bush 7”), On April 20, 2015, plaintiff filed a First Amended Complaint, asserting twelve claims for: (1) disability benefits' under section 502(a)(1)(B), against Liberty Life; (2) equitable relief pursuant' to- sections 102 and- 502(a)(3), against Hyundai and the Administrator Class; (3) equitable relief and disgorgement pursuant to section 502(a)(3),…