Fealy

Fealy v. ISP2 OAKLAND, INC.

Good Law
United States District Court, Northern District of CaliforniaJuly 28, 20223:22-cv-02252California1,956 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOSEPHINE FEALY,

Case No. 22-cv-02252-RS Plaintiff, 11 v. ORDER GRANTING MOTIONS TO DISMISS ISP2 OAKLAND, INC., et al., 13 Defendants.

15 I. Introduction Plaintiff Josephine Fealy is a former employee of ISP2 Oakland, Inc. (“ISP2”). She brings suit against the ISP2’s Group Health Care Plan (“ISP2 Health Plan”), Doe 1 in its capacity as Plan Fiduciary, and WageWorks, Inc. (“WageWorks”) as co-fiduciary, for violations of the Employee Retirement Income Security Act of 1974 (“ERISA”). Defendants ISP2 Group Health Care Plan and WageWorks each bring a motion to dismiss. As to her claims against both defendants, Plaintiff offers “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements,” which “do not suffice” at the pleading stage. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The motions to dismiss are therefore granted. These motions are…

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