United States District Court, E.D. Pennsylvania
August 2, 2004.
IN RE: CIGNA CORP. ERISA LITIGATION.
The opinion of the court was delivered by: JOHN FULLAM, Senior District Judge
MEMORANDUM AND ORDER
The CIGNA defendants have filed a motion to dismiss the
consolidated class action complaint in this case, invoking Fed.
R. Civ. P. 12(b)(6). Such a motion tests only whether, as a
matter of pleading, the complaint manages to allege potentially
valid claims. It is reasonably clear that, as a matter of
pleading, the consolidated complaint passes muster.
Although the briefs on both sides deal only with Rule 12(b)(6),
it is noteworthy that counsel on both sides refer to matters
outside the pleadings.
I therefore conclude that defendants' motion should be treated
as one for summary judgment under Fed.R.Civ.P. 56, if the
CIGNA defendants contend that there are no factual disputes with
respect to one or more issues which may be totally or partially
dispositive. The existing record seems to suggest that there may
well be factual disputes as to a great many issues, but that some
issues may be amenable to summary disposition. To that end, the
moving defendants will be required, within 30 days, to file, and
provide to opposing counsel, a concise list of facts believed to be undisputed, which may be dispositive of one or
more issues in the case. Plaintiffs will have an opportunity to
respond, within 30 days thereafter. The parties may file
evidentiary materials in support of their positions, but need not
duplicate materials already in the record.
An order follows. ORDER
AND NOW, this day of August 2004, upon consideration of the
motion of the CIGNA defendants to dismiss the consolidated class
action complaint, IT IS ORDERED:
1. That the motion shall be treated as a motion for summary
judgment under Fed.R.Civ.P. 56.
2. That the parties shall supplement the record in conformity
with the accompanying memorandum.
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