MBody Minimally Invasive Surgery, P.C. et al v. United Healthcare Insurance Company et al
Plaintiff: MBody Minimally Invasive Surgery, P.C., Nick Gabriel, Jodie Brewer and Erin Nastro
Defendant: United Healthcare Insurance Company, United Healthcare of New York, United Healthcare Service, LLC and United Healthcare Service, Inc.
Case Number: 1:2014cv02495
Filed: April 9, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Albany
Presiding Judge: Edgardo Ramos
Nature of Suit: Other Statutory Actions
Cause of Action: 29:1131
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 16, 2016 Opinion or Order Filing 65 OPINION AND ORDER re: 40 MOTION to Dismiss (Notice of Motion to Dismiss) filed by United Healthcare of New York, United Healthcare Service, LLC, United Healthcare Insurance Company, United Healthcare Service, Inc., 48 CROSS MOTION for Leave to File Amended Complaint filed by Nick Gabriel, MBody Minimally Invasive Surgery, P.C. For the reasons set forth above, United's motion to dismiss is GRANTED as to (i) Plaintiffs' third claim, to the extent it seeks penalties for violations of ERISA § 503, (ii) Plaintiffs' fourth claim, to the extent it alleges a breach of the fiduciary duty of loyalty under ERISA § 406, (iii) Plaintiffs' eighth claim for unjust enrichment, (iv) Plainti ffs' ninth claim under NY GBL § 349, and (v) Plaintiffs' eleventh claim for tortious interference with prospective economic advantage. Dismissal is with prejudice as to the third and eighth claims, and without prejudice as to the other three claims. The motion to dismiss is DENIED as to all other claims. Plaintiffs' motion to for leave to file a second amended complaint is GRANTED to the extent explained above. Plaintiffs' second amended complaint is due on or before Sep tember 16, 2016. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 40 and 48. It is SO ORDERED. (As further set forth in this Order.) (Amended Pleadings due by 9/16/2016.) (Signed by Judge Edgardo Ramos on 8/15/2016) (kko)
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Plaintiff: MBody Minimally Invasive Surgery, P.C.
Represented By: Edith M. Kallas
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Plaintiff: Nick Gabriel
Represented By: Edith M. Kallas
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Plaintiff: Jodie Brewer
Represented By: Edith M. Kallas
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Plaintiff: Erin Nastro
Represented By: Edith M. Kallas
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Defendant: United Healthcare Insurance Company
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Defendant: United Healthcare of New York
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Defendant: United Healthcare Service, LLC
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Defendant: United Healthcare Service, Inc.
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