context: The plaintiff has pled that Caremark is a "fiduciary" because "it exercises authority and control over Plan assets and when negotiating and/or collecting rebates, discounts, interest, fees, and other pricing mechanisms with or forms of compensation from entities dealing with the Plans." (Docket No. 44 P 21.) The plaintiff has also pled that "Caremark is an ERISA fiduciary in its relationship to the Plans because Caremark exercises discretionary authority and control over the administration and management of the Plans."
citation_a.signal: see also
citation_a.identifier: 2005 WL 991897, at *8
citation_a.parenthetical: concluding, on a motion to dismiss in a factually similar case, that defendant pharmacy benefit managers were not ERISA fiduciaries
citation_a.sentence: Id. at ¶ 22. Because plaintiffs have alleged that Caremark, Inc. has wide discretion to administer and manage benefits under the Plan, the court finds that it has adequately pled Caremark Inc.’s status as a fiduciary to survive a motion to dismiss. See Hill, 409 F.3d at 717 (finding that, because plaintiffs alleged in their complaint that the defendant had discretion to grant or deny plaintiffs’ claims, plaintiffs had adequately pled ERISA fiduciary status to survive a motion to dismiss); see also Mulder v. PCS Health Sys., Inc., Civ. No. 98-1003(WGB), at 16 (D.N.J. Aug. 31, 1999) (concluding, in a factually similar case, that “[hjowever skeptical the Court may be of the existence of evidentiary support for this allegation, it is sufficient to establish PCS’s fiduciary status for the purpose of this motion to dismiss.”). But see Chicago Dist. Council of Carpenters Welfare Fund v. Caremark Rx, Inc., No. 04 C 5868, 2005 WL 991897, at *8 (N.D.Ill. April 14, 2005) (concluding, on a motion to dismiss in a factually similar case, that defendant pharmacy benefit managers were not ERISA fiduciaries); Bickley, 361 F.Supp.2d at 1334 (same).
citation_b.signal: no signal
citation_b.identifier: 409 F.3d 717, 717
citation_b.parenthetical: finding that, because plaintiffs alleged in their complaint that the defendant had discretion to grant or deny plaintiffs' claims, plaintiffs had adequately pled ERISA fiduciary status to survive a motion to dismiss
citation_b.sentence: Id. at ¶ 22. Because plaintiffs have alleged that Caremark, Inc. has wide discretion to administer and manage benefits under the Plan, the court finds that it has adequately pled Caremark Inc.’s status as a fiduciary to survive a motion to dismiss. See Hill, 409 F.3d at 717 (finding that, because plaintiffs alleged in their complaint that the defendant had discretion to grant or deny plaintiffs’ claims, plaintiffs had adequately pled ERISA fiduciary status to survive a motion to dismiss); see also Mulder v. PCS Health Sys., Inc., Civ. No. 98-1003(WGB), at 16 (D.N.J. Aug. 31, 1999) (concluding, in a factually similar case, that “[hjowever skeptical the Court may be of the existence of evidentiary support for this allegation, it is sufficient to establish PCS’s fiduciary status for the purpose of this motion to dismiss.”). But see Chicago Dist. Council of Carpenters Welfare Fund v. Caremark Rx, Inc., No. 04 C 5868, 2005 WL 991897, at *8 (N.D.Ill. April 14, 2005) (concluding, on a motion to dismiss in a factually similar case, that defendant pharmacy benefit managers were not ERISA fiduciaries); Bickley, 361 F.Supp.2d at 1334 (same).