Duckett v. Blue Cross and Blue Shield of Alabama

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is Defendant Blue Cross and Blue Shield of Alabama’s (“Blue Cross”) Motion To Dismiss Or, In The Alternative, For Summary Judgment (“Blue Cross’ Mot.”), filed October 9, 1998. On November 3, 1998, Plaintiff Susan Duckett (“Plaintiff’) filed a Brief In Response To Defendant’s Notice Of Removal And Motion To Dismiss Or, In The Alternative, For Summary Judgment (“Pl.’s Resp.”).

The court construes Blue Cross’ motion as a Motion For Summary Judgment be cause Blue Cross refers to and the court has considered matters outside the…