Opinion
Civil No. 01-146-B-S
February, 22, 2003
JOHN A. CLARO, ELLIS, CLARO, MEE GOODWIN, LLP, OKLAHOMA CITY, OK, THAD B. ZMISTOWSKI, EATON, PEABODY, BRADFORD VEAGUE, BANGOR, ME, representing AMERICAN HEARTLAND HEALTH ADMINISTRATORS INC, (Defendant).
JULIE D. FARR, GILBERT GREIF, P.A., CHARLES E. GILBERT, III, GILBERT GREIF, P.A., BANGOR, ME, representing VESCOM CORPORATION, (Plaintiff).
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on January 17, 2003 her Recommended Decision. Plaintiff filed its objections to the Recommended Decision on January 30, 2003 and Defendant American Heartland filed its response to those objections on February 18, 2003. Defendant American Heartland filed its objections to the Recommended Decision on January 31, 2003 and Plaintiff filed its response to those objections on February 13, 2003. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate's Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary.
1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
2. It is ORDERED that American Heartland's Motion for Summary Judgment is DENIED with respect to Vescom's ERISA claim, Count I, and its defamation claim, Count V; and GRANTED with respect to Vescom's remaining common law claims, Counts II, III, IV, VI and VII.
3. It is ORDERED that American Heartland's request that the case be referred for arbitration is DENIED.
4. It is further ORDERED that Rodney Murphy and Murphy Associates, Inc.'s Motion for Summary Judgment is GRANTED.