MBody Minimally Invasive Surgery, P.C. et al v. United Healthcare Insurance Company et al
||MBody Minimally Invasive Surgery, P.C., Nick Gabriel, Jodie Brewer and Erin Nastro
||United Healthcare Insurance Company, United Healthcare of New York, United Healthcare Service, LLC and United Healthcare Service, Inc.
||April 9, 2014
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
|Jury Demanded By:
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|August 16, 2016
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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