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17-11097 - Farias v. Massachusetts Laborers' Health & Welfare Fund et al


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17-11097 - Farias v. Massachusetts Laborers' Health & Welfare Fund et al
January 9, 2018
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Magistrate Judge Marianne B. Bowler: ORDER entered. MEMORANDUM AND ORDER Re: Plaintiff's Motion to Amend Complaint (Docket Entry # 24); Defendant's Motion to Dismiss Complaint (Docket Entry # 16). Express Scripts' motion to dismiss (Docket Entry # 16) is ALLOWED to the extent that the negligence and contract claims against Express Scripts are dismissed and plaintiff is afforded 45 days to file a motion for leave to file an amended complaint to include an ERISA claim[s] against Express Scripts. The motion to amend (Docket Entry # 24) is DENIED. (Patton, Christine)