Luebbert v Blue Cross Blue Shield of Tennessee
| Margaret Luebbert |
| BlueCross BlueShield of Tennessee |
| 2:2011cv04347 |
| December 20, 2011 |
| US District Court for the Western District of Missouri |
| Jefferson City Office |
| Cole |
| Fernando J. Gaitan |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| Plaintiff |
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| Document Text |
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Filing
35
ORDER - Defendant BlueCross BlueShield of Tennessee's Motion to Dismiss Count II of Plaintiff's Complaint 25 is GRANTED. Count II of Plaintiff's Complaint is preempted by ERISA and is dismissed. Plaintiff's requests for compensa tory damages and a jury trial are also dismissed as such relief is not available under ERISA. Each party shall submit its brief outlining its position on or before Wednesday, May 16, 2012, re: scope of discovery. The parties' responses to the initial briefs shall be submitted on or before Wednesday, May 23, 2012. Signed on 5/8/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
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| Plaintiff: Margaret Luebbert | |
| Represented By: | Emily J. Fretwell |
| Represented By: | David G. Bandre |
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| Defendant: BlueCross BlueShield of Tennessee | |
| Represented By: | Neal F Perryman |
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