Center For Restorative Breast Surgery, L.L.C. et al v. Humana Health Benefit Plan of Louisiana, Inc. et al
Plaintiff: Center For Restorative Breast Surgery, L.L.C. and St. Charles Surgical Hospital
Defendant: Humana Health Benefit Plan of Louisiana, Inc. and Humana Health Plan, Inc.
Case Number: 2:2010cv04346
Filed: November 17, 2010
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Orleans
Presiding Judge: Eldon E. Fallon
Presiding Judge: Joseph C. Wilkinson
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1001
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 6, 2015 Opinion or Order Filing 277 ORDER & REASONS that Humana's 170 Motion for Partial Summary Judgment as to Plaintiffs 502(c) Claims 170 is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED as to the ERISA section 502(c) claims of L. O'Brien. It is DENIE D as to the section 502(c) claims of R.P. Bryan, K. Stafford, and J. Sheehan. It is further DENIED as to the section 502(c) claims of the thirty-seven patients for whom Plaintiffs provided supporting documentation in their Response to Order to Show Cause. Signed by Judge Eldon E. Fallon on 10/5/15. (dno)
July 15, 2015 Opinion or Order Filing 251 ORDER & REASONS that Humana's 164 Motion for Partial Summary Judgment on Plaintiffs' Procedural Violation Claims is GRANTED; IT IS FURTHER ORDERED that Humana's 167 Motion for Partial Summary Judgment for Dismissal of ERISA Claim s Time Barred by Contractual Limitations Period is DENIED; IT IS FURTHER ORDERED that Humana's 168 Motion for Partial Summary Judgment Based on Improper Defendant is GRANTED IN PART and DENIED IN PART. It is GRANTED as to the claims of L. O Brien. It is DENIED as to the claims of R.P. Bryan, K. Stafford, and J. Sheehan; IT IS FURTHER ORDERED that Humana's 170 Motion for Partial Summary Judgment as to Plaintiffs' 502(c) Claims is GRANTED IN PART AND DENIED IN PART as set f orth in document; IT IS FURTHER ORDERED that Humana's 171 Motion for Partial Summary Judgment Based on Plaintiffs' Failure to Exhaust Administrative Remedies is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to Plaintiff s' claims asserted on behalf of T. Lymuel, P. Schembre, and K. Stafford. The motion is DENIED as to Plaintiffs' claims asserted on behalf of K. Mallory, R. P. Bryan, J.R. Bosch, L. Bishop, T. Wells, D. Grab, J. Williamson, and E. Kennedy . IT IS FURTHER ORDERED that the Plaintiffs shall submit to the Court a chart detailing each ERISA claim asserted and the relevant facts, including the patient on behalf of whom the claim is asserted, the date of service, the provider, dates of appeals, dates of document requests, and any other material information that relates to the claim. Plaintiffs shall provide this chart within thirty (30) days of this Order & Reasons. Signed by Judge Eldon E. Fallon on 7/15/15. (dno)
June 10, 2014 Opinion or Order Filing 80 ORDER & REASONS that Defendants Humana Health Benefit Plan of Louisiana, Inc., Humana Inc., and Humana Health Plan, Inc.'s 67 Motion for Reconsideration is DENIED. Signed by Judge Eldon E. Fallon on 6/9/14. (dno)
March 27, 2014 Opinion or Order Filing 65 ORDER & REASONS that Defendants Humana Health Benefit Plan of Louisiana, Inc., Humana Inc., and Humana Health Plan, Inc.'s 49 Motion to Dismiss is GRANTED IN PART, with respect to the Center and St. Charles' unjust enrichment, LUTPA, and Louisiana Insurance Code claims, and DENIED IN PART, with respect to their ERISA, detrimental reliance, fraud, negligent misrepresentation, and breach of contract claims. Signed by Judge Eldon E. Fallon on 3/27/14. (dno)
March 22, 2011 Opinion or Order Filing 22 ORDER AND REASONS denying 9 Motion to Remand to State Court. Signed by Judge Eldon E. Fallon on 3/21/11. (ala, )
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Plaintiff: Center For Restorative Breast Surgery, L.L.C.
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Plaintiff: St. Charles Surgical Hospital
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Defendant: Humana Health Benefit Plan of Louisiana, Inc.
Represented By: Errol J. King
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Defendant: Humana Health Plan, Inc.
Represented By: Errol J. King
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