Legal Opinion
Metcalf v. Blue Cross Blue Shield
District Court, D. Oregon
Decided November 5, 2014No. Case No. 3:14-cv-00302-STPublished
1Opinion of the Court
OPINION AND ORDER
MICHAEL H. SIMON, District Judge.
United States Magistrate Judge Janice M. Stewart issued Findings and Recommendation in this case on August 27, 2014. Dkt. 24 (hereinafter “F & R”). Judge Stewart recommended that Defendants’ motion to dismiss for failure to state a claim be denied as to Claims 1 and 2 and granted as to Claim 3, with leave to re-plead as a separate ERISA violation.
Under the Federal Magistrates Act (“Act”), the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C). If a party…
2Cases cited28 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Thomas v. ArnSupreme Court of the United States · 1986
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
23 more not listed; retrieve them via the Exa API.