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NEUROAXIS NEUROSURGICAL ASSOC. v. COSTCO WHOLESALE

Nos. 11 Civ. 8350(DLC), 11 Civ. 8516(DLC), 11 Civ. 8756(DLC).

919 F.Supp.2d 345 (2013)

NEUROAXIS NEUROSURGICAL ASSOCIATES, PC, Plaintiff, v. COSTCO WHOLESALE COMPANY, Defendant. Neuroaxis Neurosurgical Associates, PC, Plaintiff, v. Sprint Nextel Corporation, Defendant. Neuroaxis Neurosurgical Associates, PC, Plaintiff, v. Aetna Health, Inc. and Aetna Health Insurance Company of New York, Defendants.

United States District Court, S.D. New York.

January 23, 2013.

Attorney(s) appearing for the Case

Mario David Commetti , Timothy F. Butler , Tibbetts, Keating & Butler, LLC, New York, NY, for Plaintiff.

Jodie L. Ousley , Kimberly A. O'Toole , d'Arcambal Ousley & Cuyler Burk, LLP, New York, NY, for Defendants.

OPINION AND ORDER

DENISE COTE, District Judge:

In these three coordinated actions, neurosurgeons associated with the plaintiff Neuroaxis Neurosurgical Associates, PC ("Neuroaxis") seek payment from welfare benefit plans for close to 200 surgical procedures performed on plan members. Neuroaxis has sued Sprint Nextel Corporation ("Sprint") and Costco Wholesale Company ("Costco"), private sector welfare...

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