![]() ![]() On February 20, 2002, a representative of Kemper notified Plaintiff in a letter that his claim was denied as untimely. Although the Plan provides for a multi-level appeals process with independent review at each level, Plaintiff never appealed the denial of his claim. Instead, on December 21, 2004, Plaintiff filed the Complaint in this action, which alleges that Defendants wrongfully denied his claim for disability benefits in violation of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Ī motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the legal sufficiency of the claims asserted in the complaint. Accordingly, " Rule 12(b)(6) dismissal is proper only where there is either a `lack of a cognizable legal theory' or `the absence of sufficient facts alleged under a cognizable legal theory.'" Summit Technology, Inc. ![]() High-Line Medical Instruments Co., Inc., 922 F.Supp. In deciding a motion to dismiss, a court must accept as true the allegations of the complaint and must construe those allegations in the light most favorable to the nonmoving party. "However, a court need not accept as true unreasonable Inferences, unwarranted deductions of fact, or conclusory legal allegations cast in the form of factual allegations." Summit Technology, 922 F.Supp. at 304 ( citing Western Mining Council v. "Generally, a district court may not consider any material beyond the pleadings in ruling on a Rule 12(b)(6) motion." Hal Roach Studios, Inc. However, a court may consider material which is properly submitted as part of the complaint and matters which may be judicially noticed pursuant to Federal Rule of Evidence 201 without converting the motion to dismiss into a motion for summary judgment. Where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment. Chen, 80 F.3d 1293, 1296 (9th Cir.1996).ĮRISA permits a participant in an ERISA-regulated plan to bring a civil action "to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan." 29 U.S.C. ![]()
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