Southeastern Emergency Physicians LLC v. Arkansas Health & Wellness Health Plan Inc

Filing 288

ORDER holding in abeyance 258 Defendants' motion to dismiss Celtic Insurance Company and Centene Corporation; denying 260 Plaintiff's motion for order directing defense counsel to withdraw statements; denying 265 Defendants' mot ion for a mistrial; taking under advisement 273 Defendants' motion for judgment as a matter of law; and denying 281 defendants' motion for order to admit three categories of relevant evidence. Signed by Judge Brian S. Miller on 8/14/2020. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
SOUTHEASTERN EMERGENCY
PHYSICIANS, LLC
v.

PLAINTIFF

CASE NO. 4:17-CV-00492 BSM

CELTIC INSURANCE COMPANY
d/b/a ARKANSAS HEALTH &
WELLNESS INSURANCE COMPANY, et al.

DEFENDANTS

ORDER
Defendants’ motion to dismiss Celtic Insurance Company and Centene Corporation
[Doc. No. 258] is held in abeyance.
Plaintiff’s motion for order directing defense counsel to withdraw statements [Doc.
No. 260] is denied.
Defendants’ motion for a mistrial [Doc. No. 265] is denied for the reasons stated from
the bench.
Defendants’ motion for judgment as a matter of law [Doc. No. 273] is taken under
advisement for the reasons stated from the bench, except that judgment as a matter of law is
granted on the corporate veil-piercing issue. Delaware law applies because NovaSys Health,
Inc. is a Delaware corporation. See Container Life Cycle Mgmt. LLC v. Safety Mgmt. Servs.
Co., No. 6:20-CV-6001 , 2020 WL 2843224 at *4 (W.D. Ark. June 1, 2020) (Arkansas
Supreme Court likely to “apply the law of the state of incorporation” to veil-piercing claims).
Plaintiff offered no evidence that any defendant is “a sham entity designed to defraud

investors or creditors.” Doberstein v. GP Indus., Inc., CV 9995-VCP, 2015 WL 6606484,
at *4 (Del. Ch. Oct. 30, 2015). Accordingly, any veil piercing claims are dismissed.
After giving careful consideration to the arguments, defendants’ motion for order to
admit three categories of relevant evidence [Doc. No. 281] is denied.
IT IS SO ORDERED this 14th day of August, 2020.

________________________________
UNITED STATES DISTRICT JUDGE

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