Koumanis v. MVP Select Care, Inc.

Koumanis v. MVP Select Care, Inc.

Plaintiff:	Dimitri Koumanis, M.D.
Defendant:	MVP Select Care, Inc.
Case Number:	1:2012cv00536
Filed:	March 26, 2012
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Saratoga
Presiding Judge:	David N. Hurd
Presiding Judge:	Randolph F. Treece
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
June 6, 2012	Filing 14 MEMORANDUM-DECISION & ORDER: that Plaintiffs' cross-motion to file an amended complaint (Dkt. No. 9) is GRANTED; Defendant's motion to dismiss the amended complaint (Dkt. Nos. 7, 11) is DENIED in part and GRANTED in part; All claims brought by plaintiff Karen Haag are DISMISSED; The state law breach of contract claim is DISMISSED; The claim alleging violation of the Women's Health and Cancer Rights Act is DISMISSED; The two remaining claims are brought pursuant to: (1) ERISA secti on 503 for violation of notice provisions; and (2) ERISA section 502(a)(1)(B) for recovery of full benefits due under the plan; and Defendant shall file an answer to the two remaining claims in the amended complaint on or before June 20, 2012. The Cl erk of the Court is directed to remove plaintiff Karen Haag from the caption and amend the caption to reflect defendant's proper name: MVP Select Care, Inc. All future pleadings shall reflect these changes. Signed by Judge David N. Hurd on 6/6/2012. (see)

Date Filed

Document Text

June 6, 2012

Filing 14 MEMORANDUM-DECISION & ORDER: that Plaintiffs' cross-motion to file an amended complaint (Dkt. No. 9) is GRANTED; Defendant's motion to dismiss the amended complaint (Dkt. Nos. 7, 11) is DENIED in part and GRANTED in part; All claims brought by plaintiff Karen Haag are DISMISSED; The state law breach of contract claim is DISMISSED; The claim alleging violation of the Women's Health and Cancer Rights Act is DISMISSED; The two remaining claims are brought pursuant to: (1) ERISA secti on 503 for violation of notice provisions; and (2) ERISA section 502(a)(1)(B) for recovery of full benefits due under the plan; and Defendant shall file an answer to the two remaining claims in the amended complaint on or before June 20, 2012. The Cl erk of the Court is directed to remove plaintiff Karen Haag from the caption and amend the caption to reflect defendant's proper name: MVP Select Care, Inc. All future pleadings shall reflect these changes. Signed by Judge David N. Hurd on 6/6/2012. (see)

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Defendant: MVP Select Care, Inc.
Represented By:	Henry M. Greenberg
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Plaintiff: Dimitri Koumanis, M.D.
Represented By:	Thomas J. Force
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