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Wallace v. Blue Cross and Blue Shield

United States District Court, S.D. Alabama, Northern Division

October 20, 2014

JANE WALLACE, et al., Plaintiffs,
v.
BLUE CROSS AND BLUE SHIELD OF ALABAMA, Defendant.

ORDER

CALLIE V. S. GRANADE, District Judge.

After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. ยง 636(b)(1)(B) dated September 29, 2014, is ADOPTED as the opinion of this Court.

It is hereby ORDERED that the Defendant's motion to dismiss (Doc. 16) is GRANTED; the claims asserted by the Plaintiffs under sections 502(a)(2) and 502(a)(3) of ERISA are DISMISSED WITH PREJUDICE; and the claim asserted by the Plaintiffs under section 502(a)(1)(B) of ERISA is DISMISSED WITHOUT PREJUDICE.


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