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Other Statutory Actions | Pennsylvania Western
Order on Motion to Remand to State Court Order on Motion for TRO Order on Motion to Dismiss
ORDER denying Motion to Remand 38 and Motion for Temporary Restraining Order 39 , and granting Motion to Dismiss 41 to the extent that it asserts that Plaintiffs claims are preempted by ERISA. Plaintiffs Amended Complaint 36 is dismissed without prejudice to Plaintiff filing a final amended complaint asserting a claim under ERISA. Should Plaintiff elect to file an amended complaint, the same shall be filed by August 20, 2026. Failure to file an amended complaint will result in dismissal of this matter with prejudice. Signed by Judge Robert J. Colville on 8/6/26. (cjo)
Memorandum Opinion
MEMORANDUM OPINION re 38 Renewed MOTION to Remand to State Court filed by GARRETT BOWDEN, 39 Emergency MOTION for Temporary Restraining Order filed by GARRETT BOWDEN and 41 MOTION to Dismiss re 35 Amended Complaint, filed by EVERNORTH HEALTH SERVICES, CIGNA CORPORATION, EXPRESS SCRIPTS, INC. Details more fully stated in the opinion. An Appropriate order of court shall follow. Signed by Judge Robert J. Colville on 8/6/26. (cjo)
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