Advantgarde Surgical v. Rocky Mt. Hosp. Medical SVC

Full title: ADVANTGARDE SURGICAL, INC., a Colorado corporation, and ADVANCED SURGICAL…

Court: United States District Court, D. Colorado, Honorable Marcia S. Krieger

Date published: Sep 17, 2010

Civil Action No. 08-cv-02103-MSK-CBS (D. Colo. Sep. 17, 2010)

Opinion

Civil Action No. 08-cv-02103-MSK-CBS.

September 17, 2010

Timothy Schutz, Lisha Sorensen, Attorneys for Plaintiff.

Dean McConnell, Attorney for Defendant.

MARCIA KRIEGER, District Judge

COURTROOM MINUTES

3:29 p.m. Court in session.

HEARING: Motion The Court addresses the Motion to Remand ( Doc. # 36)

The Court confirms with plaintiff's counsel that they are not asserting a claim as an assignee or beneficiary or participant under any of these plans that may be EIRSA subject plans.

Plaintiff's counsel Schultz concurs with the Court's statement. Oral findings are made of record and incorporated herein. ORDER: Doc. #36 GRANTED The Clerk will remand the case.

The Motion to Remand () is . Based upon the representations made by the plaintiffs in this case, they may not make any claim under ERISA or as a third-party beneficiary to rights asserted by insureds under ERISA plans in the state court action. They are estopped from asserting such claims. Argument by counsel Schutz for attorneys fees. ORDER: Plaintiff's request for attorney's fees is DENIED. 4:00 p.m. Court in recess. Total Time: 31 minutes. Hearing concluded.