Tyner v. Hi Q Inc

Filing 51

ORDER. For clarity of the record, the court DIRECTS the parties to confer & file, within 10 business days, a joint notice as to the proper identity of dft for purposes of this action (for the reasons fully set out in this order). Unless otherwise notified, the court will deem the First Amended Class Action amended to reflect dft as the entity identified by the parties in the joint notice. Signed by Judge Stephen P. Friot on 11/17/2022. (llg)

Case 5:21-cv-00608-F Document 51 Filed 11/17/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MAKI TYNER, individually and on
behalf of all others similarly situated,
Plaintiff,
-vsHEALTH IQ INSURANCE
SERVICES, INC.,
Defendant.

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Case No. CIV-21-608-F

ORDER
On September 9, 2021, plaintiffs Tara Armado and Maki Turner, individually
and on behalf of all others similarly situated, filed a First Amended Class Action
Complaint.

The amended pleading was filed in response to motion filed by

defendant Health IQ Insurance Services, Inc. seeking to dismiss plaintiff Tara
Armado’s complaint for lack of jurisdiction. Defendant represented in the motion
to dismiss, and submitted a declaration averring, that “Health IQ Insurance Services,
Inc.” is a “d/b/a of Hi.Q, Inc.” Doc. no. 8, ECF p. 2 and Exhibit 1, ¶ 4.
In the First Amended Class Action Complaint, plaintiffs named defendant in
the caption as Health IQ Insurance Services, Inc. However, in the introductory
paragraph of the amended pleading, plaintiffs identified defendant as “Hi. Q, Inc.,
d/b/a Health IQ Insurance Services, Inc.” In light of defendant being identified in
the body of the amended pleading as such, the court clerk’s office added Hi. Q, Inc.
doing business as Health IQ Insurance Services, Inc. as a defendant and terminated
Health IQ Insurance Services Inc. as a defendant. See, Mitchell v. Maynard, 80 F.3d
1433, 1441 (10th Cir. 1996) (“[A] party not properly named in the caption of the

Case 5:21-cv-00608-F Document 51 Filed 11/17/22 Page 2 of 2

complaint may still be properly before the court if the allegations in the body of the
complaint make it plain the party is intended as a defendant[.]).1
However, since the filing of the amended pleading, all documents submitted
have referred to defendant as Health IQ Insurance Services, Inc.
For clarity of the record, the court DIRECTS the parties to confer and file,
within 10 business days, a joint notice as to the proper identity of defendant for
purposes of this action. Unless otherwise notified, the court will deem the First
Amended Class Action amended to reflect defendant as the entity identified by the
parties in the joint notice.
IT IS SO ORDERED this 17th day of November, 2022.

21-0608p010.docx

1

Plaintiff Tara Armado was subsequently terminated as a plaintiff in light of the dismissal of her
claims upon motion of defendant Health IQ Insurance Services, Inc. Doc. no. 19.

2