OSF Healthcare System d/b/a Saint Francis Medical Center v. EMCG LLC Employee Benefit Plan et al
| OSF Healthcare System d/b/a Saint Francis Medical Center |
| EMCG LLC Employee Benefit Plan and Erin Cribbs |
| 1:2013cv01146 |
| March 29, 2013 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Peoria |
| John A. Gorman |
| Joe Billy McDade |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 Notice of Removal - ERISA |
| None |
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Filing
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ORDER & OPINION entered by Judge Joe Billy McDade on 7/24/13. Plaintiff has not stated a federal claim for which relief can be granted. Plaintiff did not exhaust its administrative remedies before filing suit against Defendant, and its claim as to Co unt I is rejected on those grounds. Therefore, Defendant's Motion to Dismiss pursuant to Rule 12(b)(6) is GRANTED, and Counts II and III of Plaintiff's Complaint are REMANDED to the Circuit Court of Peoria County. SEE FULL ORDER.(FDT, ilcd)
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