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17-621 - Aetna Life Insurance Company v. Guerrera et al


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17-621 - Aetna Life Insurance Company v. Guerrera et al
March 13, 2018
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RULING granting in part and denying in part 36 Motion to Dismiss. Aetnas claims pursuant to the Medicare Act are dismissed with respect to Guerrera, Carter Mario, Hammil, and Wisniowski. Aetnas Medicare Act claim will proceed against Big Y. Furthermore, the court will exercise supplemental jurisdiction over Aetnas state law claims.In light of the courts Ruling with respect to the Motion to Dismiss, 38 Aetnas Cross-Motion to Amend the Complaint is denied with respect to the proposed amended complaint. However, Aetna is given leave to replead, consistent with this Ruling, within twenty-one days of the issuance of this Ruling, to clarify which claims are federal law claims, and against whom each state claim is alleged.Signed by Judge Janet C. Hall on 3/13/2018. (Anastasio, F.)