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Beye v. Horizon Blue Cross Blue Shield of New Jersey

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 1, 2008

DAWN BEYE, ET AL., PLAINTIFFS,
v.
HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, ET AL., DEFENDANTS.
SUZANNE FOLEY, ET AL., PLAINTIFFS,
v.
HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hochberg, District Judge

FOR PUBLICATION

ORDER and OPINION

For the reasons set forth in the Court's opinion filed concurrently, IT IS this 1st day of August, 2008 ORDERED that Defendants' motion to dismiss*fn1 counts one, two, four, five, seven, eight, nine, and ten of the Beye complaint as preempted by ERISA as to ERISA Plaintiff Byram is GRANTED; and it is further

ORDERED that Defendants' motion to dismiss counts two and four of the Foley Complaint as preempted by ERISA as to ERISA Plaintiff Drazin is GRANTED; and it is further

ORDERED that, to the extent that the Beye and Foley complaints can be read to assert ERISA claims on behalf of non-ERISA Plaintiffs, those claims are DISMISSED; and it is further

ORDERED that Defendants' motions to dismiss the non-ERISA Plaintiffs' claims under the Parity Law are DENIED without prejudice and may be re-raised, if still relevant, following the Court's decision as to jurisdiction over the non-ERISA Plaintiffs; and it is further

ORDERED that Defendants' motions to dismiss other common law and state claims brought by the non-ERISA Plaintiffs are DENIED without prejudice and may be re-raised, if still relevant, following the Court's decision as to jurisdiction over the non-ERISA Plaintiffs; and it is further

ORDERED that those claims against Green Spring, Magellan Health Services, Inc., and Magellan Behavioral Health, Inc. arising prior to January 5, 2004 are DISMISSED as barred by the Bankruptcy Code; and it is further

ORDERED Defendants' motions to dismiss are DENIED in all other respects; and it is further

ORDERED that, discovery having been recently completed, not later than September 2, 2008 Defendants may submit a motion on the issue of subject matter jurisdiction over the nonERISA Plaintiffs, in which Defendants shall discuss whether the prerequisites of CAFA jurisdiction are met, and if so, whether any of the CAFA exceptions apply;*fn2 Plaintiffs shall file opposition papers not later than September 12, 2008; Defendants may submit a reply not later than September 19, 2008; and it is further

ORDERED that, if the parties are not in disagreement as to the existence or nonexistence of CAFA jurisdiction over the non-ERISA Plaintiffs, the parties shall, not later than September 2, 2008, submit a joint statement setting forth the specific reasons why this Court may or may not assert jurisdiction over the non-ERISA Plaintiffs, accompanied by supporting evidence; and it is further

ORDERED that, because Suzanne Foley has been terminated as a Representative Plaintiff, the Foley Plaintiffs shall show cause not later than Wednesday, August 6, 2008 as to why the Court should not enter an order amending the caption in this matter to reflect her termination.

HON. FAITH S. HOCHBERG, U.S.D.J.


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