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U.S. CARE, INC. v. PIONEER LIFE INS. CO. OF ILL.

No. CV-02-5566 NM.

244 F.Supp.2d 1057 (2002)

U.S. CARE, INC., a California corporation, Plaintiff, v. PIONEER LIFE INSURANCE CO. OF ILLINOIS, an Illinois corporation; Conseco Services, L.L.C., an Indiana Corporation, Defendants.

United States District Court, C.D. California.

November 22, 2002.

Attorney(s) appearing for the Case

David W Affeld, David W Affeld Law Offices, Los Angeles, CA, for U.S. Care Inc, a California corporation, plaintiff.

Richard P Tricker, Thomas J Kearney, Richard P Tricker Law Offices, Los Angeles, CA, for Pioneer Life Insurance Company of Illinois, an Illinois corporation, Conseco Services LLC, an Indiana corporation, defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

MANELLA, District Judge.

I. INTRODUCTION

The instant action arises out of a previous action, U.S. Care, Inc. v. Pioneer Life Ins., et al, CD. Cal. Case No. CV 99-5480 NM (Ex), currently pending before the Ninth Circuit ("the Underlying Action").

The Underlying Action arose out of a series of individual long term care insurance policies underwritten...

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