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IN RE CIGNA CORP. ERISA LITIGATION

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.

20040802

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