Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund v. Blue Cross Blue Shield of Alabama

Justia Dockets & Filings Eleventh Circuit Alabama Northern District Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund v. Blue Cross Blue Shield of Alabama

Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund v. Blue Cross Blue Shield of Alabama

Plaintiff:	Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund
Defendant:	Blue Cross Blue Shield of Alabama
Case Number:	2:2017cv00443
Filed:	March 22, 2017
Court:	US District Court for the Northern District of Alabama
Office:	Southern Office
County:	Jefferson
Presiding Judge:	John H England
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1362
Jury Demanded By:	None

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Date Filed	Document Text
February 14, 2019	Filing 32 MEMORANDUM OPINION - On April 5, 2018, Plaintiff Birmingham Plumbers and Steamfitters Local Union No. 91 Health and Welfare Trust Fund (the Employer or Plaintiff) moved to alter or amend the judgment pursuant to Fed. R. Civ. P. 59. (Doc. 28 ). Defen dant opposes that motion. (Doc. 31 ). For the reasons stated more fully below, the motion is DENIED. None of Plaintiffs new arguments or evidence show BCBS had a duty to determine Medicare eligibility. Therefore, Plaintiff has not shown a manifest error of law or fact warranting relief under Rule 59. For the reasons stated above, Plaintiffs Rule 59 motion, (doc. 28 ), is DENIED. Signed by Magistrate Judge John H England, III on 2/13/2019. (KEK)
March 8, 2018	Filing 26 MEMORANDUM OPINION - For the reasons stated above, the motion to dismiss (doc. 8) is GRANTED because the complaint fails to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). A separate order will be entered. Signed by Magistrate Judge John H England, III on 3/8/2018. (KEK)

Date Filed

Document Text

February 14, 2019

Filing 32 MEMORANDUM OPINION - On April 5, 2018, Plaintiff Birmingham Plumbers and Steamfitters Local Union No. 91 Health and Welfare Trust Fund (the Employer or Plaintiff) moved to alter or amend the judgment pursuant to Fed. R. Civ. P. 59. (Doc. 28 ). Defen dant opposes that motion. (Doc. 31 ). For the reasons stated more fully below, the motion is DENIED. None of Plaintiffs new arguments or evidence show BCBS had a duty to determine Medicare eligibility. Therefore, Plaintiff has not shown a manifest error of law or fact warranting relief under Rule 59. For the reasons stated above, Plaintiffs Rule 59 motion, (doc. 28 ), is DENIED. Signed by Magistrate Judge John H England, III on 2/13/2019. (KEK)

March 8, 2018

Filing 26 MEMORANDUM OPINION - For the reasons stated above, the motion to dismiss (doc. 8) is GRANTED because the complaint fails to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). A separate order will be entered. Signed by Magistrate Judge John H England, III on 3/8/2018. (KEK)

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Plaintiff: Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund
Represented By:	Glen M Connor
Represented By:	Richard P Rouco
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Defendant: Blue Cross Blue Shield of Alabama
Represented By:	Jason B Tompkins
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