Mitchell v. Golden Living Enterprises et al
| Sarah M. Mitchell |
| Odyssey Healthcare, Inc., Golden Living Enterprises, Blue Cross Blue Shield of Texas, Anthem Blue Cross Life & Health Insurance Company and Blue Cross Blue Shield of Nebraska |
| 8:2013cv00026 |
| January 16, 2013 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| F.A. Gossett |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
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The following documents for this case are available for you to view or download:
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Filing
95
ORDER OF DISMISSAL WITH PREJUDICE- Plaintiff's complaint against Defendants Anthem Blue Cross Life and Health Insurance Company, Aseracare Home Healthcare-Omaha, LLC, Golden Living Enterprises P.C., Golden Living LLC, and GGNSC Holdings, LLC is dismissed, with prejudice. Each party shall pay their own costs and attorney fees. Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
90
AMENDED ORDER upon notice of settlement reached through mediation held on January 14, 2014. On or before March 3, 2014, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to D istrict Judge Joseph F. Bataillon at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case; Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; and Any hearings scheduled or deadlines pending are cancelled upon the representation that this case is settled. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
89
ORDER upon notice of settlement reached through mediation held on January 14, 2014. On or before March 3, 2014, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Di strict Judge Laurie Smith Camp, at smithcamp@ned.uscourts.gov, a draft order which will fully dispose of the case; Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; and Any hearings scheduled or deadlines pending are cancelled upon the representation that this case is settled. Dismissal Papers Deadline due by 3/3/2014. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
82
MEMORANDUM AND ORDER - Anthem's motion to dismiss, Filing No. 56 , is granted with respect to Counts V, VI, and VII. Anthems motion to dismiss, Filing No. 56 , the estoppel claim to the degree it is based on state law claims, is granted o n the basis of preemption under ERISA. Anthems motion to dismiss, Filing No. 56 , the negligent misrepresentation claim is dismissed as it fails to state a claim against Anthem. Anthems motion to dismiss, Filing No. 56 , the ERISA contract and ERISA fiduciary claims against Anthem as set forth in Counts I and II are denied. Anthems motion to strike, Filing No. 78 , plaintiffs supplemental brief, Filing No. 73 , is granted. Ordered by Judge Joseph F. Bataillon. (MKR)
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Filing
80
ORDER denying the Plaintiff's 60 Motion for Leave to file Third Amended Complaint. Ordered by Magistrate Judge F.A. Gossett. (MKR)
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Filing
68
ORDER - IT IS ORDERED that Anthem Blue Cross Life and Health Insurance Company's Motion to Seal (filing 66 ) is granted, in part. Access to Filing No. 67 herein shall be limited to the Court and parties of record. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
46
ORDER - IT IS ORDERED: Plaintiff's Request for Leave of Court to File Second Amended Complaint (filing 42 ) is granted. Plaintiff shall file her Second Amended Complaint by or before May 6, 2013. The following motions are denied as moot: Gold en Living Enterprises, LLC's Motion to Strike (filing 30 ); Blue Cross Blue Shield of Nebraska and Blue Cross Blue Shield of Texas' Motion to Strike Amended Complaint (filing 34 ); and Anthem Blue Cross Life and Health Insurance Company's Motion to Strike Plaintiff's First Amended Complaint (filing 37 ). A scheduling letter to progress this case will be issued by separate order. Ordered by Magistrate Judge F.A. Gossett. (TCL )
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Filing
45
ORDER - IT IS ORDERED that the plaintiff's cause of action against the defendants Odyssey Healthcare, Inc., Blue Cross Blue Shield of Nebraska, and Blue Cross Blue Shield of Texas are hereby dismissed in their entirety, without prejudice, and with the parties to be responsible for their own costs and attorney fees. Ordered by Judge Joseph F. Bataillon. (TCL )
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