Opinion
CIVIL ACTION NO. 1:17-CV-00686
03-06-2018
MAGISTRATE JUDGE PEREZ-MONTES
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that the Motion to Dismiss (Doc. 10) filed by Defendant, United Healthcare Insurance Company of Illinois, is GRANTED, and Plaintiff's claims under La. R.S. 22:1821, 22:1832, and 22:1973 are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Motion for Summary Judgment (Doc. 10) filed by Defendant, United Healthcare Insurance Company of Illinois is DENIED AS MOOT.
Plaintiff's claim for benefits is, however, viable and converted to an ERISA claim to be processed by the Court in that fashion.
THUS ORDERED AND SIGNED in Chambers at Alexandria, Louisiana, on this 6TH day of March, 2018.
/s/_________
DEE D. DRELL
UNITED STATES DISTRICT JUDGE