UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SCOTT D.,
Case No. 23-cv-05664-RS Plaintiff, 11 v. ORDER DENYING MOTION TO DISMISS
ANTHEM BLUE CROSS LIFE AND
HEALTH INSURANCE COMPANY, et al., Defendants.
I. INTRODUCTION This is an action for alleged violations of the Employee Retirement Income Security Act of 1974 (“ERISA”). Plaintiff Scott D. avers Defendants violated the law in refusing to cover mental health treatment for his son, A.D., at an outdoor behavioral health program, “Evoke at Cascades” (“Evoke”) and a residential treatment center, Boulder Creek Academy. Defendant Anthem Blue Cross HDHP PPO Plan (“Anthem Blue Cross”) moves to dismiss Plaintiff’s breach of fiduciary duty claim as impermissibly duplicative of Plaintiff’s claim for benefits.1 Anthem Blue Cross also moves to dismiss Plaintiff’s Mental Health Parity and Addiction Equity Act (“Parity Act”) claim, which it argues Plaintiff…