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MERRITT v. WELLPOINT, INC.

Action No. 3:08-CV-272.

615 F.Supp.2d 440 (2009)

E. Thomas MERRITT, III, Elizabeth W. Granger, and Townley Sheap, on behalf of themselves and all others similarly situated, Plaintiffs, v. WELLPOINT, INC., d/b/a/ Anthem Health Plans of Virginia, Inc., and/or Anthem Blue Cross and Blue Shield, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

January 16, 2009.

Attorney(s) appearing for the Case

Harris Dewey Butler, III, Rebecca H. Royals, Butler Williams & Skilling PC, Richmond, VA, Daniel B. Kohrman, Thomas W. Osborne, Aarp Foundation Litigation, Laurie A. McCann, American Association of Retired Persons, Washington, DC, for Plaintiffs.

David Michael Burns, Michael Andrew Viccora, Seyfarth Shaw LLP, Washington, DC, Christopher James Degroff, Seyfarth Shaw LLP, Chicago, IL, Gilmore Frederick Diekmann, Jr., Seyfarth Shaw LLP, San Francisco, CA, for Defendant.

MEMORANDUM OPINION

JAMES R. SPENCER, Chief Judge.

THIS MATTER is before the Court on Defendant's Motion to Dismiss Counts II and III and to Strike Plaintiffs Proposed Collective Definition (Docket No. 9). For the reasons stated at the hearing and discussed below, Defendant's Motion will be GRANTED in part and DENIED in part.

I. BACKGROUND

Plaintiffs E. Thomas Merritt, III ("Merritt"), Elizabeth W. Granger ("Granger"), and...

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