Star Multi Care Services Inc. v. Empire Blue Cross Blue Shield et al
| Star Multi Care Services Inc. |
| Empire Blue Cross Blue Shield, Van Sarris and Demetria Sarris |
| 2:2013cv01138 |
| March 4, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| William D. Wall |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing
28
ORDER denying 17 Motion to Amend/Correct/Supplement; denying 18 Motion to Amend/Correct/Supplement; granting 19 Motion to Dismiss. IT IS HEREBY ORDERED that, for the reasons explained herein, plaintiff's claim against Empire under New York law is preempted by ERISA, and plaintiff's motion to remand this action is denied. Empire's motion to dismiss is granted because no claim lies against Empire under ERISA and, in the alternative, because plaintiff has not exhausted administrative remedies. Finally, the Court remands the remaining claims against the Sarrises because no federal claims survive the motion to dismiss. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/19/2014. (Lamb, Conor)
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