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RIVERA v. NETWORK HEALTH PLAN OF WISCONSIN, INC.

No. 02 CV 1055.

320 F.Supp.2d 795 (2004)

Hilaria RIVERA, on behalf of herself and all persons similarly situated, Plaintiff, v. NETWORK HEALTH PLAN OF WISCONSIN, INC., Defendant.

United States District Court, E.D. Wisconsin.

May 28, 2004.

Attorney(s) appearing for the Case

Jordan M. Lewis, Siegel Brill Greupner Duffy & Foster, Milwaukee, WI, Steven L. Toney, Toney & Wagener, New London, WI, Wood R. Foster, Jr., Siegel Brill Greupner Duffy & Foster, Minneapolis, MN, for Plaintiff.

Grant C. Killoran, James Patrick Thomas, Michael Best & Friedrich LLP, Sean D. Lanphier, Mallery & Zimmerman, Milwaukee, WI, for Defendant.

DECISION AND ORDER

GRIESBACH, District Judge.

In this ERISA action, the defendant insurer seeks summary judgment on the ground that it is not a proper defendant because it is neither the ERISA Plan nor the plan administrator and, in addition, the plaintiff has failed to join an indispensable party, namely the plan. The plaintiff opposes the defendant's motion on the merits, but has also filed a motion for leave to file a second amended complaint which she...

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