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Vescom Corp. v. American Heartland Health Adms.

United States District Court, D. Maine
Feb 22, 2003
Civil No. 01-146-B-S (D. Me. Feb. 22, 2003)

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.


Summaries of

Vescom Corp. v. American Heartland Health Adms.

United States District Court, D. Maine
Feb 22, 2003
Civil No. 01-146-B-S (D. Me. Feb. 22, 2003)
Case details for

Vescom Corp. v. American Heartland Health Adms.

Case Details

Full title:VESCOM CORPORATION, Plaintiff, v. AMERICAN HEARTLAND HEALTH…

Court:United States District Court, D. Maine

Date published: Feb 22, 2003

Citations

Civil No. 01-146-B-S (D. Me. Feb. 22, 2003)