SALTZMAN v. INDEPENDENCE BLUE CROSS et al

Filing 45

ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO FILE A REPLY IS GRANTED. PLAINTIFFS' REQUEST FOR LEAVE TO AMEND IS DENIED AND DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART. COUNT I OF PLAINTIFFS' AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE AND THE REMAINING COUNTS ARE DISMISSED WITHOUT PREJUDICE. THE CLERK SHALL MARK THIS CASE AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/5/09. 6/8/09 ENTERED AND COPIES E-MAILED.(ah)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARK SALTZMAN et al., Plaintiffs, v. INDEPENDENCE BLUE CROSS et al., Defendants. : : : : : : : ORDER AND NOW, this 5th day of June 2009, upon consideration of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint (Doc. 20), Plaintiffs' Response (Doc. 22), and Defendants' Reply (Doc. 27), and in accordance with the attached Memorandum, it is hereby ORDERED that (1) (2) (3) (4) Plaintiffs' Motion for Leave to File a Reply (Doc. 42) is GRANTED; Plaintiffs' Request for Leave to Amend (Doc. 30) is DENIED; Defendants' Motion to Dismiss (Doc. 20) is GRANTED in part; Count I of Plaintiffs' Amended Complaint, based on 502(a)(1)(B) of ERISA, is DISMISSED with prejudice; (5) (6) The remaining Counts are DISMISSED without prejudice; and The Clerk shall mark this case as CLOSED for statistical purposes. CIVIL ACTION No. 08-3849 BY THE COURT: /s/ Michael M. Baylson Michael M. Baylson, U.S.D.J. O :\C I V I L 07-08\08-3849 Saltzman v. Indep Blue Cross\08-3849 Saltzman v. IBX - Order Re M o tio n to Dismiss A m e n d e d Complaint.wpd

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