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15-324 - Apple Corporate Wellness, Inc. v. Blue Cross Blue Shield of Tennessee, Inc.


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15-324 - Apple Corporate Wellness, Inc. v. Blue Cross Blue Shield of Tennessee, Inc.
July 26, 2016
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REPORT AND RECOMMENDATION re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BlueCross BlueShield of Tenneessee, Inc. Signed by Magistrate Judge H Bruce Guyton on 7/26/16. (JBR)
September 27, 2016
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ORDER:Plaintiff's Motion for Leave to File an Amended Complaint (Doc. 33) is hereby DENIED as futile; Plaintiff's Objections (Doc. 35) to Magistrate Judge Guyton's Report and Recommendation are hereby OVERRULED; Magistrate Judge Guyton's Report and Recommendation (Doc. 30) is hereby ACCEPTED and ADOPTED; and Defendant's Motion to Dismiss (Doc. 8) is hereby GRANTED to the extent it seeks dismissal of this action for lack of subject matter jurisdiction. A separate judgment will enter. Signed by District Judge Harry S Mattice, Jr on 9/27/2016. (BJL, )