Wallace et al v. Blue Cross and Blue Shield of Alabama

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATION as the opinion of this Court; GRANTING 16 MOTION to Dismiss filed by Blue Cross and Blue Shield of Alabama; and DISMISSING WITH PREJUDICE claims asserted by Plaintiffs under sections 502(a)(2) and 502(a)(3) of ERISA, and DISMISSING WITHOUT PREJUDICE claim asserted by Plaintiffs under section 502(a)(1)(B) of ERISA. Signed by Judge Callie V. S. Granade on 10/20/2014. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
JANE WALLACE, et al.,
Plaintiffs,
vs.
BLUE CROSS AND BLUE SHIELD
OF ALABAMA,
Defendant.

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CIVIL ACTION NO. 14-0119-CG-C

ORDER
After due and proper consideration of the issues raised, and there having been
no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C.
§ 636(b)(1)(B) dated September 29, 2014, is ADOPTED as the opinion of this Court.
It is hereby ORDERED that the Defendant’s motion to dismiss (Doc. 16) is
GRANTED; the claims asserted by the Plaintiffs under sections 502(a)(2) and 502(a)(3)
of ERISA are DISMISSED WITH PREJUDICE; and the claim asserted by the Plaintiffs
under section 502(a)(1)(B) of ERISA is DISMISSED WITHOUT PREJUDICE.
DONE and ORDERED this 20th day of October, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE