Advantgarde Surgical Inc. et al v. Rocky Mountain Hospital and Medical Service, Inc. et al
| Advantgarde Surgical Inc. and Advanced Surgical Support, Inc. |
| Rocky Mountain Hospital and Medical Service, Inc. and HMO Colorado, Inc. |
| 1:2008cv02103 |
| September 29, 2008 |
| US District Court for the District of Colorado |
| Labor: E.R.I.S.A. Office |
| Douglas |
| Zita L. Weinshienk |
| Craig B Shaffer |
| Plaintiff |
| Federal Question |
| 29:1001 E.R.I.S.A.: Employee Retirement |
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Filing
45
Minute Entry for proceedings held before Judge Marcia S. Krieger: Motion Hearing held on 9/17/2010. The 36 Motion to Remand is GRANTED. Based upon the representations made by the plaintiffs in this case, they may not make any claim under ERISA or as a third-party beneficiary to rights asserted by insureds under ERISA plans in the state court action. They are estopped from asserting such claims. The Clerk will remand the case. Plaintiff's request for attorney's fees is DENIED. (Court Reporter Paul Zuckerman) (wjc, ) Modified on 9/17/2010 to add text re: attorney's fees (wjc, ).
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Filing
33
ORDER DENYING MOTION TO DISMISS: Defendants' 7 Motion to Dismiss is DENIED, WITHOUT PREJUDICE. Plaintiffs shall have twenty-one days to move to remand for lack of subject matter jurisdiction or to amend the Amended Complaint to state c laims under ERISA. In the event Plaintiffs file a motion to remand, Defendants shall have fourteen days thereafter to respond, and Plaintiffs shall have fourteen days in which to reply. In the event that the Plaintiffs further amend, the Defendants will have 14 days to respond. Judge Marcia S. Krieger on 9/28/2009.(msksec, )
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