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16-080 - CARMEL SPECIALTY SURGERY CENTER, LLC v. UNITED HEALTHCARE SERVCIES, INC.


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16-080 - CARMEL SPECIALTY SURGERY CENTER, LLC v. UNITED HEALTHCARE SERVCIES, INC.
January 13, 2016
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ORDER. The Court ORDERS the Surgery Center to file a statement of claims by January 27, 2016, setting forth the legal basis for each of its claims against UHC. Because a removing defendant bears the burden of proving that federal jurisdiction is proper, Walker v. Trailer Transit, Inc., 727 F.3d 819, 825 (7th Cir. 2013), UHC must file a response to the Surgery Center's statement of claims by February 8, 2016, specifically asserting why federal jurisdiction is proper based on the Surgery Center's statement of claims. To the extent UHC alleges that the Surgery Center is pursuing any claim under ERISA ยง 502(a), UHC must apply the three-factor test set forth in Jass, 88 F.3d at 1487. The Surgery Center may file a reply by February 16, 2016. Signed by Judge Jane Magnus-Stinson on 1/13/2016. (BGT)
May 3, 2016
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ORDER. The Court concludes that it has subject matter jurisdiction over each of the twenty-three Related Actions that the Surgery Centers filed in state court and UHC removed to this District. Additionally, the Court GRANTS IN PART UHC's Motion to Consolidate, such that the twenty-three Related Cases will be consolidated into three actions on a per-plaintiff basis, as further described herein. A twenty-fourth case, which was transferred to this District during briefing, has not yet been reassigned to the District Judge and Magistrate Judge assigned to the Related Cases and is not addressed herein. (See order.) Signed by Judge Jane Magnus-Stinson on 5/3/2016. (BGT)