Sasson Plastic Surgery, LLC v. UnitedHealthcare of New York, Inc.
| Sasson Plastic Surgery, LLC |
| UnitedHealthcare of New York, Inc. |
| 2:2017cv01674 |
| March 27, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
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Filing
49
MEMORANDUM & ORDER: For the foregoing reasons, Defendants' motion to dismiss, DE 31 , is granted in part and denied in part as follows: As to Plaintiff's First cause of action, granted as to claims with invalid assignments and denied as to the remaining claims under ERISA Plans; Granted as to Plaintiff's Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh causes of action, which are dismissed with prejudice; As to Plaintiff's Fourth cause of action, granted as to any claim for a patient/member covered by a NYSHIP Plan and denied as to claims under other non-ERISA Plans; and Granted as to the Tenth cause of action for defamation with leave to replead limited to any claim(s) that (1) was timely filed, and (2 ) pertains to communications with a patient/member with (a) a non-ERISA plan, or (b) an ERISA plan for which there was an invalid assignment. The telephone status conference scheduled for April 28, 2021 is adjourned to May 20, 2021 at 10:00 a.m. The parties should be prepared to discuss settlement of the remaining claims at that conference. Ordered by Judge Sandra J. Feuerstein on 3/31/2021. (Florio, Lisa)
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