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FOLEY v. SOUTHWEST TEXAS HMO, INC.

No. CIV.A. 1:01-CV-56.

193 F.Supp.2d 903 (2001)

Neal FOLEY and Associated Cardiovascular & Thoracic Surgeons, L.L.P., On Behalf of Themselves and All Others Similarly Situated Plaintiffs v. SOUTHWEST TEXAS HMO, INC., Humana HMO, Pacificare, Texas Health Network, Texas University Health Plan, Inc., Cigna Healthcare of Texas, Inc., Cigna Dental Health of Texas, Inc., and Cigna Behavioral Health, Inc., Defendants

United States District Court, E.D. Texas, Beaumont Division.

August 31, 2001.

Attorney(s) appearing for the Case

James Morris, Jr., Michael A. Havard, Mark Christopher Sparks, Provost & Umphrey, Beaumont, TX, for Plaintiffs.

John Barret Scott, Scott Yung, LLP, Dallas, TX, for Defendant Southwest Texas HMO.

Andrw Scott Hanen, Hanen Alexander Johnson & Spalding, Houston, TX, for Defendant Pacificare.

John Bruce Shely, Andrews Kurth Mayer Day Caldwell & Keeton, Houston, TX, for Defendant Aetha U.S. Healthcare.

Kevin Francis Lee, Jeff D. Otto, Austin, TX, for Defendant Texas University Health Plan.

Elizabeth D. Alvarado, Candice Eileen Sayre, Shannon Martin Finkelstein & Sayer, Houston, TX, Brian D. Boyle, Brian P. Brooks, O'Melveny & Myers, Washington, DC, for Cigna Defendants.

Lawrence L. Germer, Germer & Gertz, Beaumont, TX, for Defendant Humana HMO.

Olive Penelope Hobbs, McGinnis Lochridge & Kilgore, Austin, TX, for Defendant Humana Health Plan.

MEMORANDUM OPINION AND ORDER

COBB, District Judge.

Before the court is the plaintiffs' motion to remand, and the court having reviewed the motion and the response on file is of the opinion that the motion be DENIED for the reasons set forth below.

I. Factual Background

The plaintiffs originally filed their petition in Texas state court on January 5, 2001, asserting claims under the Texas Insurance Code and for unjust enrichment. The defendants...

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