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Labor: E.R.I.S.A. | New York Eastern
Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim
ORDER: For the reasons set forth in the attached Memorandum and Order, I adopt the thorough and well-reasoned R&R [ECF No. 26 ) in its entirety and grant Defendant United Healthcare's motion to dismiss the Complaint without prejudice. (ECF No. 18 .) The ERISA claim is dismissed for lack of standing under Rule 12(b)(1). The unjust enrichment claim is dismissed as preempted by ERISA under Rule 12(b)(6). Plaintiff Kripalani shall file any amended complaint by October 20, 2026 and is unlikely to be afforded any further opportunity to amend absent unforeseen and extraordinary circumstances. Any letter seeking a conference on an anticipated motion to dismiss any amended complaint shall be submitted by November 11, 2026.Ordered by Judge Nusrat J. Choudhury on 9/29/2026. (JAG)
Bankruptcy Appeal (801) | New York Western
Clerks Certificate
CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re 19 DESIGNATION of Record on Appeal. (CGJ)
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