Englert
Englert v. Prudential Insurance Co. of America
Opinion
Lead Opinion
Gilliam, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS PLAINTIFF’S SECOND CLAIM FOR RELIEF
Re: Dkt. No.
Pending before the Court is Defendant The Prudential Insurance Company of America’s motion to dismiss Plaintiff Peter Englert’s second claim for relief. Dkt. No. 20. Having considered Defendant’s motion to dismiss, Plaintiffs opposition, and all related papers, the Court finds the matter appropriate for decision without oral argument. See Civil L.R. 7-l(b). For the reasons articulated below, the motion is GRANTED IN PART and DENIED IN PART.
*1046 LBACKGROUND
On October 19, 2015, Plaintiff filed this action against The Prudential Insurance Company of America (“Defendant”) and Does 1-20. Dkt. No. 1 (“Compl.”). The complaint articulates two claims for relief under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”): (1) a § 502(a)(1)(B) claim for recovery of wrongfully withheld long-term disability (“LTD”) benefits, prejudgment interest, attorneys’ fees, and costs; and (2) a § 502(a)(3) claim for equitable relief in the form of a permanent injunction preventing Defendant and Does 1-20 from serving as fiduciary with respect to…