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MOFFAT v. UNICARE HEALTH INS. CO. OF THE MIDWEST

No. 04 C 5685.

352 F.Supp.2d 873 (2005)

Raymond MOFFAT, Individually, and on behalf of all others similarly situated, Plaintiff, v. UNICARE HEALTH INSURANCE COMPANY OF THE MIDWEST, an Illinois corporation; Unicare Life and Health Insurance Company, a Delaware corporation; Unicare Health Plans of the Midwest, Inc.; Unicare Health Insurance Company of Texas; and Unicare Health Plans of Texas, Inc., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 20, 2005.

Attorney(s) appearing for the Case

Stephen B. Diamond, Steven J. Tomiello, Beeler, Schad & Diamond, P.C., Michael T. Beirne, William Robert Quinlan, Quinlan & Carroll, Ltd., Chicago, IL, Richard B. Schiro, Law Offices of Richard B. Schiro, for Plaintiff.

MEMORANDUM OPINION AND ORDER

ST. EVE, District Judge.

Plaintiff Raymond Moffat ("Moffat") filed his Class Action Complaint ("Complaint"), purportedly on behalf of all others similarly situated, on August 30, 2004. Moffat asserts a claim under the Illinois Consumer Fraud Act and under ERISA, § 502(a)(1)(B) (29 U.S.C. § 1132(a)(1)(B)), against Defendants UniCare Health Insurance Company of the Midwest ("UniCare Midwest"), UniCare Life and...

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