Cuellar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JIMMY CUELLAR, Case No. 1:23-cv-1075 JLT CDB

Plaintiff, ORDER ADOPTING IN PART THE

FINDINGS AND RECOMMENDATIONS,

v. GRANTING DEFENDANT’S MOTION TO

DISMISS, AND GRANTING PLAINTIFF

THE GUARDIAN LIFE INSURANCE LEAVE TO FILE AN AMENDED

COMPANY OF AMERICA, COMPLAINT

15 Defendant. (Docs. 5, 14) 16 17 Jimmy Cuellar seeks to hold The Guardian Life Insurance Company of America liable for breach of contract related to life insurance benefits for his mother. (See Doc. 1 at 11.) Defendant moved to dismiss the action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 5.) The assigned magistrate judge found there were “no allegations in the Complaint addressing Defendant or its involvement in the events giving rise to Plaintiff’s claims.” (Doc. 14 at 3.) In addition, the magistrate judge determined that “Plaintiff’s complaint alleges neither the existence of an ERISA plan nor one or more provisions…