ESTATE OF LAVERNE GRIFFIN v. ALLSTATE

District Court, D. New Jersey·Decided June 9, 2023·No. 3:22-cv-06527·Unknown

Opinion

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

LINDA ROBINSON AS ADMINISTRATRIX FOR THE ESTATE OF LAVERNE GRIFFIN,

Civil Action No. 22-6527 (MAS) (TJB) Plaintiffs, MEMORANDUM OPINION v. ALLSTATE, et al., Defendants.

SHIPP, District Judge This matter comes before the Court on Defendants Allstate, Allstate Retirement Plan, and Allstate 401(k) Savings Plan’s (collectively, “Defendants”) Motion to Dismiss Plaintiffs Linda Robinson, as Administratrix for the Estate of Laverne Griffin (“Laverne”), Michael Williams, and Zachary Williams’s (collectively, “Plaintiffs”) Complaint. (ECF No. 6.) Plaintiffs did not oppose. The Court has carefully reviewed the parties’ submissions and decides the matter without oral argument under Local Civil Rule 78.1. For the reasons set forth below, the Court grants Defendants’ Motion.

I. BACKGROUND! In this action, Plaintiffs allege (1) breach of contract, (2) breach of fiduciary duty, (3) bad faith, and (4) injunctive relief. (Compl. §§ 30-47, Ex. A, ECF No. 1-1.) Decedent Laverne was employed by, and retired from, Allstate and had several employment-related accounts for benefits. J 6-7.) Laverne was married to Jerry Williams (“Jerry”) during her employment. (/d. { 8.) Laverne designated Jerry as the primary beneficiary of her Allstate Retirement Plan and 401(k) Savings Plan. (See generally Insurance Policy *16, Ex. A.)’ In April 2020, Laverne and Jerry entered into a Marital Settlement Agreement in which Jerry waived all rights to Laverne’s accounts and the parties agreed Jerry would receive $60,000 from Laverne for his interest in their home. (Compl. { 12.) The Superior Court of New Jersey proceeded to enter a Judgment of Divorce on October 5, 2020. (Id. { 13.) Laverne paid Jerry the $60,000, and later passed away on May 2, 2021. Ud. 6, 15.) Following Laverne’s death, Plaintiffs allege that they wrote to Allstate several times regarding Jerry’s disentitlement to payments from Laverne’s Allstate accounts and obtained an Order from the Superior Court of New Jersey Chancery Division enforcing their rights. (Id. § 17, 21-25.) Ultimately, Plaintiffs allege that Defendants have wrongfully paid or wrongfully intend to pay Jerry benefits for which the Superior Court has determined he is not entitled. (/d. ] 29.) I. LEGAL STANDARD When deciding a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court must “accept all factual allegations as true, construe the complaint in the light most favorable

' For purposes of the instant Motion, the Court accepts all factual allegations in the Complaint as true. See Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008). * Page numbers preceded by an asterisk refer to the page numbers atop the ECF header.

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to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.” Phillips, 515 F.3d at 231 (quoting Pinker v. Roche Holdings Ltd., 292 F.3d 361, 374 n.7 (3d Cir. 2002)).3 “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Igbal, 556 U.S. 662, 678 (2009) (internal quotation marks omitted) (quoting Bell Ail. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Importantly, on a Rule 12(b)(6) motion to dismiss, defendant bears the burden of showing that no claim has been presented.” Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005) (citing Kehr Packages, Inc. vy. Fidelcor, Inc., 926 F.2d 1406, 1409 (3d Cir. 1991)). If. DISCUSSION As a preliminary matter, the Court notes that the deadline for Plaintiffs to oppose Defendants’ Motion has elapsed, and Plaintiffs have failed to file any opposition. “|T]he Court is nevertheless required to address a defendant’s motion to dismiss on the merits even if it is unopposed by a plaintiff.” See Perry v. CDS Software, LLC, No. 17-1397, 2017 WL 1712519, at *1 (D.N.J. May 1, 2017). Defendants contend that the Complaint fails to state a claim upon which relief may be granted because Plaintiffs’ common law claims are preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). (Defs.’ Moving Br. 2-3, ECF No. 6.) The ERISA preemption provision “supersede[s] any and all State laws insofar as they .. . relate to any employee benefit plan[s].” 29 U.S.C. § 1144(a). To analyze whether a state law claim “relates to” an employee benefit plan, the Supreme Court of the United States has explained that if the existence of a plan is a critical factor in establishing liability, the “cause of action relates not merely to... benefits, but to the essence of the... plan itself.” Ingersoll-Rand Co. v. McClendon,

3 Hereinafter, all references to a “Rule” or “Rules” refer to the Federal Rules of Civil Procedure.

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