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12-1607 - Innova Hospital San Antonio LP et al v. Blue Cross and Blue Shield of Georgia, Inc. et al


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12-1607 - Innova Hospital San Antonio LP et al v. Blue Cross and Blue Shield of Georgia, Inc. et al
February 3, 2014
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Memorandum Opinion and Order Granting 55 Motion to Dismiss filed by Health Care Service Corporation. Defendant Health Care Service Corporation's Motion to Dismiss (ECF No. 55) is GRANTED. Therefore, Plaintiffs' FEHBA claims are DISMISSED and Plaintiffs' negligent misrepresentation and promissory estoppel claims relating to FEHBA Plan enrollees are DISMISSED. Plaintiffs' request for leave to amend their First Amended Complaint is DENIED. (Ordered by Judge Reed C O'Connor on 2/3/2014) (cea)
February 3, 2014
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Memorandum Opinion and Order: It is ORDERED that Anthem Defendants' Motion to Dismiss (ECF No. 43), BCBS Defendants' Motion to Dismiss (ECF No. 48), BCBS Tennessee's Motion to Dismiss (ECF No. 53), and BCBS Kansas's Motion to Dismiss (ECF No. 106), should be and are hereby GRANTED. Therefore, Plaintiffs' claims against Anthem Defendants, BCBS Defendants, BCBS Tennessee, and BCBS Kansas are DISMISSED. It is further ORDERED that Plaintiffs shall have until 3/1/2014, to file an amended complaint. It is further ORDERED that BCBS Alabama's Motion to Compel Arbitration (ECF No. 49), should be and is hereby GRANTED. Therefore, Victory Medical Center Houston, L.P.'s claims against BCBS Alabama relating to SB's health benefit plan are hereby DISMISSED. It is further ORDERED that Capital's Motion to Dismiss for Lack of Personal Jurisdiction (ECF No. 52), should be and is hereby GRANTED. Therefore, Plaintiffs' claims against Capital BlueCross are hereby DISMISSED. (Ordered by Judge Reed C O'Connor on 2/3/2014) (cea)