Spizman et al v. BCBSM, Inc.

Filing 33

ORDER. The Court adopts the Report and Recommendation 26 of United States Magistrate Judge Leung dated June 4, 2015. IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint 10 is GRANTED with regard to Counts I, II, V, and VI, and DENIED as to all other counts. (Written Opinion). Signed by Judge Michael J. Davis on 7/27/15. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Raleigh Spizman, individually, and
Robert Spizman, individually,

Civil No. 14-cv-3568 (MJD/TNL)

Plaintiffs,
ORDER

v.
BCBSM, Inc. d/b/a Blue Cross Blue
Shield of Minnesota,
Defendant.

Damon L. Ward, Ward Law Group, 301 Fourth Avenue South, Suite 378N,
Minneapolis, MN 55415, Counsel for Plaintiffs; and
Kathy S. Kimmel and Marie L. Van Uitert, Oppenheimer Wolff & Donnelly LLP,
222 South Ninth Street, Suite 2000, Minneapolis, MN 55402, Counsel for
Defendant.

The above matter comes before the Court upon the Plaintiffs’ Objections to
the Report and Recommendation of United States Magistrate Judge Tony N.
Leung dated June 4, 2015 in which he recommends that Defendants’ motion to
dismiss be granted in part.

Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b) (1); Local Rule 72.2(b). Based upon that review, the
Court adopts the Report and Recommendation [Doc. No. 26] of United States
Magistrate Judge Leung dated June 4, 2015.
IT IS HEREBY ORDERED that Defendant’s Motion to Dismiss Plaintiffs’
First Amended Complaint [Docket No. 10] is GRANTED with regard to Counts
I, II, V, and VI, and DENIED as to all other counts.

Date: July 27, 2015

s/ Michael J. Davis
Michael J. Davis
United States District Court