RIVERVIEW SURGERY CENTER LLC v. UNITED HEALTHCARE SERVICES, INC.
RIVERVIEW SURGERY CENTER LLC |
UNITED HEALTHCARE SERVICES, INC. |
1:2016cv00141 |
January 19, 2016 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Tim A. Baker |
Jane Magnus-Stinson |
Labor: E.R.I.S.A. |
28 U.S.C. ยง 1001 E.R.I.S.A. |
None |
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Filing 10 ORDER. The Court ORDERS the Surgery Center to file a statement of claims by February 8, 2016, setting forth the legal basis for each of its claims against UHC. Because a removing defendant bears the burden of proving that federal jurisdiction is p roper, Walker v. Trailer Transit, Inc., 727 F.3d 819, 825 (7th Cir. 2013), UHC must file a response to the Surgery Center's statement of claims by February 16, 2016, specifically asserting why federal jurisdiction is proper based on the Surge ry Center's statement of claims. To the extent UHC alleges that the Surgery Center is pursuing any claim under ERISA § 502(a), UHC must apply the three-factor test set forth in Jass, 88 F.3d at 1487. The Surgery Center may file a reply b y February 26, 2016. The Court notes that these deadlines are set later than the deadlines the Court set in other cases UHC recently removed, but nothing in this Order prevents the parties from filing their responses before these deadlines if they choose to do so. Signed by Judge Jane Magnus-Stinson on 1/27/2016. (BGT) |
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