Houston Home Dialysis v. Blue Crossand Blue Shield of Texas
| Houston Home Dialysis |
| Blue Crossand Blue Shield of Texas |
| 4:2017cv02095 |
| July 8, 2017 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Lee H Rosenthal |
| Recovery of Overpayment and Enforcement of Judgment |
| 29 U.S.C. ยง 1109 |
| None |
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| Document Text |
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Filing
57
MEMORANDUM AND OPINION entered: The motion to dismiss is denied, without prejudice. (Docket Entry No. 46). Blue Cross may raise the prudential standing and sovereign immunity issues at summary judgment or at trial. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing
39
MEMORANDUM AND ORDER entered: Counts 2 and 4 are dismissed, with prejudice. Count 5 is dismissed without prejudice and with leave to amend. Counts 6 to 13 are dismissed without prejudice and with leave to amend, no later than July 6, 2018, to the e xtent that Houston Home Dialysis can establish that those claims are based on non-ERISA plans. The declaratory judgment remains. The jury demand is stricken, unless Houston Home Dialysis can successfully amend to plead non-ERISA claims. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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| Plaintiff: Houston Home Dialysis | |
| Represented By: | Paul V. Anderson |
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| Defendant: Blue Crossand Blue Shield of Texas | |
| Represented By: | Martin James Bishop |
| Represented By: | Jordan Jenel La Raia |
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