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SAWYER v. USAA INS. CO.

No. CIV 11-0523 JB/CG.

912 F.Supp.2d 1118 (2012)

Constance A. SAWYER, Plaintiff, v. USAA INSURANCE COMPANY, Blue Cross Blue Shield of Kansas City, Nueterra Healthcare, and Cobraguard, Defendants.

United States District Court, D. New Mexico.

November 9, 2012.

Attorney(s) appearing for the Case

Daniel R. Lindsey , Clovis, NM, for Plaintiff.

Jeff L. Martin , Montgomery & Andrews, P.A., Albuquerque, NM, Randy S. Bartell , Montgomery & Andrews, P.A., Santa Fe, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Blue Cross and Blue Shield of Kansas City's Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice, filed April 19, 2012 (Doc. 56)("MTD"). The Court held a hearing on May 31, 2012. The primary issues are: (i) whether the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 to 1461 (2012...

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