John Herzfeld v. Teva Pharmaceuticals USA, Inc.

1 O

United States District Court Central District of California

11 JOHN HERZFELD, Case № 2:18-CV-09784-ODW (SSx)

Plaintiff, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

TEVA PHARMACEUTICALS USA,

14 INC. OMNIBUS WELFARE PLAN, et MOTIONS TO DISMISS [39][40] al., 15 Defendants. 16 I. INTRODUCTION Plaintiff John Herzfeld brings this denial of benefits action against his 19 ERISA-governed welfare benefit plan, its administrator, claim fiduciary, insurance 20 network, and an independent review organization. (See Compl., ECF No. 1.) 21 Defendants Teva Pharmaceuticals USA Inc. Omnibus Welfare Plan (the “Plan”), 22 Meritain Health, Inc. (“Meritain”), and Aetna Life Insurance Company (“Aetna”) 23 move to dismiss. (Plan Mot. to Dismiss (“Plan Mot.”), ECF No. 39; Meritain & Aetna 24 Mot. to Dismiss (“M&A Mot.”), ECF No. 40.) For the reasons that follow, the Court 25 GRANTS in part and DENIES in part the Meritain & Aetna Motion and DENIES 26 the Plan Motion. (ECF…