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LAKELAND REGIONAL HEALTH SYSTEM v. WHI

No. 1:08-cv-72.

604 F.Supp.2d 983 (2009)

LAKELAND REGIONAL HEALTH SYSTEM, a Michigan corporation, Lakeland Hospitals at Niles and St. Joseph, Inc., a Michigan corporation, and Lakeland Regional Health System Group Health Plan, an Erisa self-funded employer group health plan, Plaintiffs, v. WALGREENS HEALTH INITIATIVES, INC., f/k/a WHP Health Initiatives, Inc., a foreign corporation, and Rite-Aid Corporation, a foreign corporation, Defendants.

United States District Court, W.D. Michigan, Southern Division.

March 26, 2009.

Attorney(s) appearing for the Case

Peter A. Smit, Beverly Holaday, Varnum Riddering Schmidt & Howlett LLP, Grand Rapids, MI, for Plaintiffs.

Bruce W. Neckers, David E. Bevins, Rhoades McKee PC, Kevin A. Rynbrandt, Rynbrandt & Associates, Grand Rapids, MI, for Defendants.

OPINION and ORDER

Granting Defendant WHI's Motion to Dismiss Count 3; Directing Defendant WHI to File an Answer to Counts 1 and 2

PAUL L. MALONEY, Chief Judge.

This is an ERISA action with pendent tort and contract claims under Michigan law. Defendant Walgreens Health Initiatives Inc.'s ("WHI") has filed a Rule 12(b)(6) motion to dismiss count 3, negligence, for failure to state a claim on which relief can be granted. WHI contends that the...

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