BLUECROSS BLUESHIELD OF SOUTH CAROLINA v. CARILLO

No. CIV.A.4:05 CV 0044 H.

372 F.Supp.2d 628 (2005)

BLUECROSS BLUESHIELD OF SOUTH CAROLINA, Plaintiff, v. Josue CARILLO and Vincente Carillo, Defendants.

United States District Court, N.D. Georgia, Rome Division.

May 25, 2005.


Attorney(s) appearing for the Case

Ansel Franklin Beacham, III, Brinson Askew Berry Siegler Richardson & Davis, Rome, GA, Charles M. Cork, III, Gambrell & Stolz, LLC, Macon, GA, for Josue Carillo.

Polly M. Haley, Thomas H. Lawrence, Lawrence & Russell, Memphis, TN, Susan D. Taylor, Magruder & Sumner, Rome, GA, for BlueCross BlueShield of South Carolina.


ORDER

DAVID L. MURPHY, District Judge.

This is a case filed under the Employee Retirement Income Security Act ("ERISA"). The case is before the Court on Plaintiff's Motion for a Preliminary Injunction [4], Defendants' Motion to Dismiss [16], and Plaintiff's Motion for Summary Judgment [17].

I. Procedural Background

On February 23, 2005, Plaintiff filed this lawsuit. Plaintiff asserts claims under 29 U.S.C.A. § 1132...

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