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UNITED HEALTHCARE v. SANCTUARY SURGICAL CENTRE

Case No. 10-81589-CIV.

5 F.Supp.3d 1350 (2014)

UNITED HEALTHCARE SERVICES, INC. and UnitedHealthcare Insurance Company, Plaintiffs, v. SANCTUARY SURGICAL CENTRE, INC., Gladiolus Surgery Center, LLC, Physicians Surgical Group, LLC, Naples Physicians Surgical Group, LLC, PSG of S. Florida, LLC, Edward Liva, Christopher Liva and Carolyn Liva a/k/a Carol Liva or Carol Via or Carolyn Via, Defendants.

United States District Court, S.D. Florida.

Signed March 6, 2014.

Attorney(s) appearing for the Case

Charles Chejfec , Elizabeth J. Kappakas , Patrick C. Harrigan , Katten Muchin Rosenman, LLP, Chicago, IL, Jeffrey T. Kuntz , Daniel Alter, Grayrobinson PA, Fort Lauderdale, FL, for Plaintiffs.

Stephen E. Lampf , Traci A. Zalinski , Lampf, Lipkind, Prupis & Petigrow, P.A. West Orange, NJ, Jane Serene Raskin , Martin Robert Raskin , Raskin & Raskin, Coral Gables, FL, for Defendants.

ORDER ON DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT1 [151]

DANIEL T.K. HURLEY, District Judge.

This matter is before the court on the defendants' motion to dismiss the plaintiffs' amended complaint [ECF 151] on ground that all state law fraud-based claims are preempted by the Employee Retirement Income Security Act ("ERISA"), and alternatively, on ground that the plaintiffs' fraud-based claims fail to satisfy...

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