John Muir Health v. Arkansas Blue Cross and Blue Shield

Filing 23

ORDER DENYING DEFENDANT'S MOTION TO DISMISS AS MOOT AND REQUESTING RESPONSE FROM PLAINTIFF by Hon. William Alsup finding as moot 15 Motion to Dismiss.(whalc1, COURT STAFF) (Filed on 2/9/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 15-05730 WHA

Plaintiff,

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For the Northern District of California

United States District Court

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JOHN MUIR HEALTH, a California nonprofit public benefit corporation,

v.

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USAble MUTUAL INSURANCE
COMPANY, d/b/a BlueAdvantage
Administrators of Arkansas, an Arkansas
non-profit mutual benefit corporation,
WAL-MART STORES INC.
ASSOCIATES’ HEALTH AND
WELFARE PLAN, and DOES 1 through
24, inclusive,

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Defendants.

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ORDER DENYING
DEFENDANT’S MOTION TO
DISMISS AS MOOT AND
REQUESTING RESPONSE
FROM PLAINTIFF

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On January 20, defendant USAble Mutual Insurance Company, d/b/a BlueAdvantage

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Administrators of Arkansas filed a motion to dismiss. In lieu of a response, plaintiff filed an

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amended complaint. BlueAdvantage has informed the Court that its motion should be denied as

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moot and requests that its deadline to respond to the amended complaint be extended to the

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same deadline for defendant Wal-Mart Stores, Inc. Associates’ Health and Welfare Plan, which

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has not yet been served. BlueAdvantage’s motion to dismiss is hereby DENIED AS MOOT. By

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FEBRUARY 11 AT NOON, plaintiff shall please inform the Court whether it opposes

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BlueAdvantage’s request to extend the deadline to respond to the amended complaint.

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IT IS SO ORDERED.

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Dated: February 9, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE