Delprado v. Sedgwick Claims Management Services, Inc. et al
| Christina Delprado |
| Sedgwick Claims Management Services, Inc., United Health Group Incorporated, United Healthcare Services, Inc., United Health Group Long Term Disability Plan and United Health Group Short Term Disability Plan |
| 1:2012cv00673 |
| April 23, 2012 |
| US District Court for the Northern District of New York |
| Albany Office |
| Saratoga |
| Lawrence E. Kahn |
| Randolph F. Treece |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| Plaintiff |
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Filing
109
MEMORANDUM-DECISION AND ORDER granting in part and denying in part Deft's 89 Motion for Summary Judgment; granting in part and denying in part Pltf's 98 Motion for Summary Judgment; Pltf's motion to strike all or parts of the Aff idavits of Jessica Brandhorst & William J. Anthony is denied. Counts I, V, VI, VII, VIII, IX, X, XI, XII of the Amended Complaint are dismissed. Deft Sedgwick Claims Management Services, Inc. is dismissed as a Deft in this action. Pltf's claims for STD benefits under Claim No. 30101206852-0001 in Count II and claim for LTD benefits under Claim No. B085705482-0001-02 in Count III of the Amended Complaint are remanded for reconsideration by Defts. Pltf's request for atty's fees is granted, if parties cannot agree, Ptlf shall file an application for atty's fees with the Court by 5/18/15. Signed by Judge Brenda K. Sannes on 4/17/15. (sfp, )
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Filing
33
MEMORANDUM-DECISION and ORDERED, that Defendants Motion (Dkt. No. 16) to dismiss Count IV of Plaintiffs Amended Complaint (Dkt. No. 11) for failure to state a claim upon which relief can be granted is GRANTED; and it is further ORDERED, that Count IV of Plaintiffs Amended Complaint (Dkt. No. 11) is DISMISSED. Signed by Senior Judge Lawrence E. Kahn on March 20, 2013. (sas)
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