Advantgarde Surgical Inc. et al v. Rocky Mountain Hospital and Medical Service, Inc. et al

Filing 45

Minute Entry for proceedings held before Judge Marcia S. Krieger: Motion Hearing held on 9/17/2010. The 36 Motion to Remand is GRANTED. Based upon the representations made by the plaintiffs in this case, they may not make any claim under ERISA or as a third-party beneficiary to rights asserted by insureds under ERISA plans in the state court action. They are estopped from asserting such claims. The Clerk will remand the case. Plaintiff's request for attorney's fees is DENIED. (Court Reporter Paul Zuckerman) (wjc, ) Modified on 9/17/2010 to add text re: attorney's fees (wjc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Patricia Glover Paul Zuckerman Date: September 17, 2010

Civil Action No. 08-cv-02103-MSK-CBS P a r t i e s: ADVANTGARDE SURGICAL, INC., a Colorado corporation, and ADVANCED SURGICAL SUPPORT, INC., a Colorado corporation, Plaintiff, v. ROCKY MOUNTAIN HOSPITAL AND MEDICAL SERVICE, INC., a Colorado corporation, d/b/a Anthem Blue Cross and Blue Shield, and HMO COLORADO, INC., a Colorado corporation, Defendant. COURTROOM MINUTES HEARING: 3:29 p.m. Motion Court in session. Dean McConnell Counsel Appearing: Timothy Schutz Lisha Sorensen

The Court addresses the Motion to Remand (Doc. #36) The Court confirms with plaintiff's counsel that they are not asserting a claim as an assignee or beneficiary or participant under any of these plans that may be EIRSA subject plans. Plaintiff's counsel Schultz concurs with the Court's statement. Oral findings are made of record and incorporated herein.

Courtroom Minutes Judge Marcia S. Krieger Page 2 ORDER: The Motion to Remand (Doc. #36) is GRANTED. Based upon the representations made by the plaintiffs in this case, they may not make any claim under ERISA or as a third-party beneficiary to rights asserted by insureds under ERISA plans in the state court action. They are estopped from asserting such claims. The Clerk will remand the case.

Argument by counsel Schutz for attorneys fees. ORDER: 4:00 p.m. Plaintiff's request for attorney's fees is DENIED. Court in recess.

Total Time: 31 minutes. Hearing concluded.