Package Division - International Brotherhood of Teamsters J The Complaint does not specify what party submitted the claim. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. In American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, the Third Circuit held that anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable. 890 F.3d 445, 453 (3d Cir. He has negotiated and enforced strong contracts in every Local 162 represented industry. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. Determining whether the allegations in a complaint are plausible is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Iqbal, 556 U.S. at 679 (citation omitted). See N.J. Spine & Orthopedics, LLC, 2020 WL 491258, at *2; O'Brien v. Aetna, Inc., 2021 WL 689113, at *3; Lutz Surgical Partners PLLC v. Aetna, Inc., No. Visit www.wr177healthcare.com or call 855-215-2039 . I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. A power of attorney does not transfer an ownership interest in the claim,' id. Most supplements are different. Medicare is the primary and the balance is covered by retiree coverage. Defendant further requests an award of attorney's fees pursuant to ERISA. UPS is the single largest employer in the Teamsters Union. dbG0- A. We got critical information about the contract campaign and how we could get involved. 2018). 2002)). He joined Local 162 in 1994 loading trucks at UPS and served as a steward. Feb. 23, 2021) (same). If the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint should be dismissed for failing to show[] . For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibility or 1-800-872-5439 for claim inquiries. 8(a)(2). These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. 2%4tV cJ)d#P#{n`\"070.=s7{vABxdnqlvZ+7*e",j^LX4^sy6)6Y'[JQ+s^ UFPw26-UnDg.p]=SgaTG 72zD{1V/os>v6W}?&cCwfix1)frnPMBzy; I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! SANCHEZ v. TEAMSTERS WESTERN REGION & LOCAL 177 HEALTH CARE PLAN the Western Region of Teamsters Negotiating Committee Co-Chairs having the power to impose an immediate resolution with an appropriate remedy. Y2)V?_v!,:Ma4@5l3Q 5Y This Court having considered the parties' submissions, having reached its decision without oral argument pursuant to Rule 78, and for the reasons stated herein, Defendants' Motion to Dismiss is GRANTED. (D.E. VISIT WEBSITE Northwest Administrators For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. * Please make sure to use the latest browser version. %PDF-1.4 % ' (quoting N. Jersey Brain & Spine Ctr. 12.). Visit Website. Dr. Tainsh, however, is not functioning as an agent on behalf of a principal; any recovery achieved will not benefit Mr. Hutchins in any way, as-pursuant to the NJNSA-he does not owe a debt to Dr. Tainsh, and she is not seeking to vindicate a right on his behalf. 2:2022cv04583 - Document 16 (D.N.J. 9 0 obj <> endobj TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al Filing 16 HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al, No. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. See link under "Important Links". Davison firmly believes that expanding our unions commitment to member education, organizing core industries and negotiating strong contracts are key to the success of the Teamsters Union. Medicare becomes primary and our teamster health benefits are secondary. 13.) Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. An 11-minute DVD is also available, and will be sent out prior to the upcoming re-vote on the UPS contract in the west. Teamsters Western Region & Local 177 | Home Teamsters Western Region and Local 177 Health Care Plan - Amendments Routine exams are covered for just a flat $10 copay when you visit a participating provider. Visit www.vsp.com to find a provider in your area. 1-1 at 2.) Sign up for our free summaries and get the latest delivered directly to you. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. Walk-In Hours Mon-Fri 7:30am-4:30pm 5251 Green Street, Suite 200 Murray, UT 84123-2995 UT-ID Teamsters - 855-292-7954 All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248 Pension Funds: 801-266-3271 toll free: 800-453-4584 Business Hours Mon-Fri 8:30am-5:00pm Walk-In Hours Mon-Fri 8:30am-4:30pm 2425 N Central Expy, Suite 120 Univ. Liab. This site has been established for you to view Life Claims and 1095-B Forms. The UPS contract is the largest private collective bargaining agreement in North America. *eTYkWvQ5i\R_?L7F(JHmHuHEkA ZWY,~]9mk}.s;RN;6\)[W0dVjT1BcA0WHMT{) \69? J|3#U.P6 y.l9`p*vk\@yVkZ[aA>sH RzC;}@u*v-]]t\&&3..BU[wJ;KLO}5zUhDkWPmxj0>,6\E-2X#yI9I0KX?< V .d%_=TF#fwn("Do $**AZVg!6JCD[P9NV7sPrFG)I uD8Ohq$ `Af O bM.D FM9}KGlt *hmK[W(r/ itb%l=;7sz)}t$,e4SgZVv1NBo>}'~ " C!*l8!l@uN! While at least one court in this District has permitted a case to proceed in the healthcare providers' own names where the complaint indicated the claims were brought on behalf of patients, see Somerset Orthopedic Assocs., P.A. On June 24, 2021, a claim for $32,860.70, the cost of the IONM services, was submitted to Defendant and its Third-Party Administrator (TPA), Aetna, Inc. (Id. at 12.) In so finding, the Third Circuit noted that anti-assignment clauses do not preclude an insured from grant[ing] a valid power of attorney that confer[s] on his agent the authority to assert [a] claim on his behalf. Id. 1 7-10; D.E. hb``c``2g`` Support TDU Women's Leadership Development, Registration Now Open! I believe that retiree medical coverage is renewed with each new contract approval. This Trust Fund does not currently sponsor any Social Media sites - Please refer to the Contact Us section of this website for any questions regarding your benefits. You can find it http://www.wr177healthcare.com. . JavaScript is disabled. Sign up or login now to get instant access to claims, explanation of benefits, and more! Teamsters Western Region & Local 177 Retirees. Id. We called the teamsters benefit trust for norcal and found out that we have to purchase part b . Medicare Questions And Teamster Retiree Health Benefits. 2008) (stating that Rule 8 requires a showing,' rather than a blanket assertion, of an entitlement to relief (quoting Twombly, 550 U.S. at 555)). HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls 36 0 obj <>stream she told us we could buy a part D for prescriptions but asked why? This site has been established for you to view Life Claims and 1095-B Forms. This Court found, alternatively, that even if the power of attorney were a valid instrument, the provider would not have ERISA standing [b]ecause [a]n attorney in fact cannot litigate on their own behalf and for their own benefit. Id. N-y@! J%W{wLjZ$+xPnwR(|*p+l*tyx s!"5xw_Cf3'fonhQzd: #uy6y& 6-)*m#*FC!q-H3 dy Southwest Service Administrators, Inc. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. Defendant astutely points out that Mr. Hutchins cannot be held liable or responsible for any debt related to this service and purportedly owed to Dr. Tainsh or her medical practice because the NJNSA preclude[s] a healthcare provider from balance-billing a patient absent certain protections afforded under the [N]NSA]. (D.E. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. In this circumstance, however, any financial claim and recovery Dr. Tainsh achieves will not benefit Mr. Hutchins. 10, 2023). Teamsters Western Region & Local 177 | important-provider-changes-2020. 14 at 5.) 25 0 obj <>/Filter/FlateDecode/ID[<357122659A1A8330000C20F5F06FEFDC>]/Index[9 28]/Info 8 0 R/Length 88/Prev 564712/Root 10 0 R/Size 37/Type/XRef/W[1 2 1]>>stream Dr. Tainsh did not pursue such arbitration, and instead seeks to recover payment from Defendant by acting as an attorney-in-fact (agent) for Mr. Hutchins (principal). and $5 is our co=pay for prescriptions. You're all set! 20-05479, 2021 WL 689113, at *3 (D.N.J. Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. Retirees. I believe that true in California as well. Vision benefits are available once every 12 months for you and your covered dependents. Hutchins) underwent a complex cervical spine surgery performed at Morristown Memorial Hospital-an in-network provider-and received intraoperative neuromonitoring (IONM) services from Dr. Tainsh's medical group. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). You can find it http://www.wr177healthcare.com. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. This Trust Fund does not currently sponsor any Social Media sites Please refer to the Contact Us section of this website for any questions regarding your benefits. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. PO Box 10128 | Detroit, MI 48210 | (313) 842-2600 | [emailprotected], Teamsters Rank and File Education and Legal Defense Foundation, PO Box 10303 | Detroit, MI 48210 | (313) 842-2615 | [emailprotected], Copyright 2015 | All Rights Reserved. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, ("Dr. Tainsh" or "Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Federal . it has to be approved every month. TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. about $15 for a doctor visit. we have a $5 pay for 90 prescriptions so we will just keep that. Signed by Judge Susan D. Wigenton on 4/10/2023. The Third Circuit further explained that [a]ssignments and powers of attorney differ in important respects with distinct consequences for the power of a plan trustee to contractually bind an insured. Id. If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. The IBT Freight Division has told Yellow the contract will not be reopened unless the company agrees that all items will be on the table and there will tangible economic benefits for members. Related Posts Headline News Teamsters Tell UPS: Make Movement on Our Members' Issues Now 2023.04.17 . Login. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? D.E. Teamsters Western Region & Local 177 | Benefits | Vision Make your practice more effective and efficient with Casetexts legal research suite. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. Visit Website. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. He also serves as an International Western Region Package Division Representative. In addition to the above government sponsored program, the Teamsters Western Region & Local 177 Retiree Health Care Plan also now provides coverage for COVID-19 test kits. . Co., 752 F.2d at 881). That provision impacts this matter because it means that, at this point, Dr. Tainsh is unable to recover any balance-billing payment from Mr. Hutchins and would have had to have previously pursued binding arbitration to resolve any dispute about payment for the services. You will have to check with your local. Login here . Retirement Benefits: The Teamsters Western Region 177 Retiree Health Plan will be available only for those individuals that retire on and after January 1st 2014. J#(&.$?+k!VLM]h>i/b,?_i!. HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et My spouse has an Ambien script and it's a pain. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. The authority to act on behalf of the principal' is the primary issue at hand in this matter. . Sanchez v. Teamsters W. Region & Local 177 Health Care Plan You can now lookup eligibility online for instant results! 2015))). 21-1051, 2022 WL 1616972, at *2 (3d Cir. Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact))). v. United Health Grp., Inc. et al., this Court found that a power of attorney functioned as an assignment, which was barred by the anti-assignment clause of the insured's ERISA plan. BENEFITS AND RESOURCES | Teamsters Local 396 Sure be nice if more Nor Cal and So Cal retiree's would chime in! I. 14 at 4-7.) Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! 1132(e). E>>v?|y{9 z%_7m.zJ)nw;[+?T/w}T/&Q]x$_u,U_@N at 455. FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. I have to check with Blue Cross/Blue Shield of Arizona which handles the claims to see if Medicare doesn't cover something if the retiree plan would cover the claim. The power of attorney in that matter effectively transferred the patient's interest in recovery to the provider, so that the provider could pursue the claims as if they were his own, which this Court found violated the anti-assignment provision of the ERISA plan. An assignment purports to transfer ownership of a claim to the assignee, giving it standing to assert those rights and to sue on its own behalf. Id. Mark Davison is a third-generation trade unionist. An adequate complaint must be a short and plain statement of the claim showing that the pleader is entitled to relief. Fed.R.Civ.P. $>f:~wYrer. Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. If you are covered under the Utah-IdahoGroup BenefitsPlan, you must call Group Benefit Administrators at 801-972-1177 or 1-800-657-5377 for inquiries and insurance claims. endstream endobj 13 0 obj <>stream An appropriate order follows. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. 1984)). Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. Protecting your eyesight is easy with the Plans Vision Plan. 19-10735, 2020 WL 491258, at *2 (D.N.J. endstream endobj 10 0 obj <> endobj 11 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0 0 612 792]/Type/Page/u2pMat[1 0 0 -1 0 792]/xb1 0/xb2 612/xt1 0/xt2 612/yb1 0/yb2 792/yt1 0/yt2 792>> endobj 12 0 obj <>stream Court Description: OPINION. Teamsters Western Region & Local 177 Health Care Plan "I attended a UPS contract workshop that TDU held for members of my local. PDF United States Court of Appeals for The Ninth Circuit May 23, 2022) (quoting In re Asbestos Prods. International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Download the UPS Teamsters App from Google Play, Download the UPS Teamsters App from the App Store, Teamsters Western Region & Local 177 Health Care Plan, Teamsters Tell UPS: Make Movement on Our Members Issues Now, Supplemental Talks Move to D.C. as Teamsters Call Out UPS for Stalling Regional Negotiations, UPS Teamsters Rally for a Strong Contract in Southern California, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. (Id. You already receive all suggested Justia Opinion Summary Newsletters. 19-10735, 2020 WL 491258, at *2 (D.N.J. Visit Website. Mark Davison - International Brotherhood of Teamsters VI), 822 F.3d 125, 133 (3d Cir. Beverly Oaks, an out-of-network healthcare provider, performed medical procedures on 14 patients who were covered under employer-sponsored health insurance plans administered by Blue Cross. However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. I retired out of So-Cal in 2015. WESTERN TEAMSTERS WELFARE TRUST. This Court has jurisdiction pursuant to 29 U.S.C. endstream endobj startxref 1-1 at 3.) See link under "Important Links". Plaintiff's counsel concedes as much by admitting that in this case, there is no dispute between the patient (Plaintiff) and his medical provider. (D.E. PDF Teamsters Western RegionTentative Agreement If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. Southwest Service Administrators, Inc. One really needs to educate oneself on what Medicare pays for and how often. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. L{L|f7ZddM~ The Plan's Eligibility and Enrollment Department responded to Sanchez on May 15, 2015: "We are unable to enroll your dependent without proper certified birth certificates and social security numbers as stated on the Teamsters Western Region & Local 177 HealthCare Plan California Election Form." (Id. 2023) Court Description: OPINION. The Package Division is the unions largest division, serving hundreds of thousands of members throughout North America. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. Orthopedic & Sports Med. Here, Plaintiff purports that because there is no reliance on an assignment of benefits, and because Dr. Tainsh is an individual and not an entity, her association with the medical provider is of no moment, and nothing is amiss with the POA. (D.E. No. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl Under this benefit, which applies to COVID-19 test kits purchased on or after January 15, 2022, and through the end of the Coronavirus public . He is a Trustee and Union Chair for the Oregon Teamster Employers Trust, Chair of the UPS Retirees Subsidy Fund, and Trustee on the Teamsters Western Region & Local 177 (New Jersey) Health Care Plan, all of which cover health care benefits for tens of thousands of active and retired Teamsters working at UPS and over 200 other employers. Teamsters Western Region & Local 177 | twr177-retiree-plan v. Aetna, Inc., 774 Fed.Appx. (dam). Teamsters Western Region & Local 177 | west-region-and-local177-health-care-plan-amendments Teamsters Western Region and Local 177 Health Care Plan - Amendments Path: Teamsters Western Region and Local 177 Health Care Plan - Amendments Amendment No. As an independent Third Party Administrator "TPA" specializing in labor-management, Taft-Hartley Fund Administration, we are pleased to provide our SSAPortal offering access 24/7 for: Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. It may not display this or other websites correctly. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. Teamster Safety and Health. Teamsters Western Region & Local 177 | important-provider-changes-2020 Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact); see also O'Brien v. Aetna, Inc., No. (dam) Download PDF of 9 International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. One patient was covered You can explore additional available newsletters here. Telephone Business Hours Mon-Fri 7:30am-4:30pm, All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248, Pension Funds: 801-266-3271 toll free: 800-453-4584, Telephone Business Hours Mon-Fri 8:30am-4:30pm. we pay $75 each per month for healthcare which is pretty good. 5:2016cv02083 - Document 52 (C.D. 1132(a)(1)(b). In other words, in certain instances, a power of attorney can enable an agent to benefit a principal by handling the principal's affairs and ensuring medical claims are addressed as needed. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ For additional website materials, please return to www.wr177healthcare.com Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. Cal. If you are employed by any of the following, you have health insurance through the Utah-Idaho Teamsters plan: If you are employed by any of the following, you have health insurance through theOregon Teasmters Employer Trust: Call 800-547-1314 See link under "Important Links", If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibilityor 1-800-872-5439 for claim inquiries. Be P` Ky.are This Court finds that, with the discreet facts presented here, combined with the fact that Mr. Hutchins will not derive any benefit whatsoever from any recovery, the POA is the functional equivalent of an assignment, which is thus barred by the anti-assignment provision of the ERISA plan, and Dr. Tainsh is functionally acting as Plaintiff, but lacks standing to pursue the claim. June 21, 2021) (Plaintiffs also cannot establish ERISA standing by asserting a POA, because they are litigating in their own names, not on behalf of their patients.). The provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. On March 22, 2022, Davison was sworn in as Western Region Vice President of the International Brotherhood of Teamsters and appointed Western Region Package Director. Further, Defendant does not owe Mr. Hutchins any reimbursement, so, contrary to the explicit language of the POA, Dr. Tainsh cannot pursue a claim for monies owed to Mr. Hutchins. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan It's designed to be convenient, comprehensive, and above allto provide high quality care. is properly filed under Rule 12(b)(6). Routine exams are covered for just a flat $10 copay when you visit a participating provider. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. * Please make sure to use the latest browser version. All states will probably follow Cali's lead. Member Resources _,EL#.Rb@@L#E? 6-1 at 8.) We're very proud of the exceptional benefits program we offer to our members and their families. (quoting Complaint of Bankers Tr. The Complaint does not specify to which provider the payment was submitted. This site is protected by reCAPTCHA and the Google, District of New Jersey US Federal District Court, HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al. and $5 is our co=pay for prescriptions. They pay 80% and the 20 % we pay is what is left over after a write off. ' Pinkney v. Meadville, Pa., No. On June 16, 2022, Joseph Hutchins executed a Limited Power of Attorney (POA) that appointed Cynthia Tainsh, M.D., his Attorney-in-Fact and Agent, and granted Dr. Tainsh authority to. (No. Your key to your question on this part "Do we lose our Teamster Retiree health plan when we turn 65 and are enrolled in Medicare?". d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ HW]%G }>2r>\j$ Y$^]$6Hi=},k3 . Factual allegations must be enough to raise a right to relief above the speculative level Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citing 5 C. WRIGHT & A. MILLER, FEDERAL PRACTICE AND PROCEDURE 1216, 235-36 (3d ed. . Western Region and Local 177 UPS Health Plan - Teamsters for a November 2, 2013: The Western Region and Local 177 UPS health care website is up.