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17-2095 - Houston Home Dialysis v. Blue Crossand Blue Shield of Texas


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17-2095 - Houston Home Dialysis v. Blue Crossand Blue Shield of Texas
June 4, 2018
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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 extent 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)