D.
D. v. Anthem Blue Cross Life and Health Insurance Company
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9
SCOTT D.,
10 Case No. 23-cv-05664-RS Plaintiff, 11 v. ORDER DENYING MOTION TO 12 DISMISS
ANTHEM BLUE CROSS LIFE AND
13 HEALTH INSURANCE COMPANY, et al., 14 Defendants.
15 I. INTRODUCTION 16 This is an action for alleged violations of the Employee Retirement Income Security Act of 17 1974 (“ERISA”). Plaintiff Scott D. avers Defendants violated the law in refusing to cover mental 18 health treatment for his son, A.D., at an outdoor behavioral health program, “Evoke at Cascades” 19 (“Evoke”) and a residential treatment center, Boulder Creek Academy. Defendant Anthem Blue 20 Cross HDHP PPO Plan (“Anthem Blue Cross”) moves to dismiss Plaintiff’s breach of fiduciary 21 duty claim as impermissibly duplicative of Plaintiff’s claim for benefits.1 Anthem Blue Cross also 22 moves to dismiss Plaintiff’s Mental Health Parity and Addiction Equity Act (“Parity Act”) claim, 23 which it argues Plaintiff…