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HUMANA HEALTH PLANS, INC. v. POWELL

Civil Action No. 3:07CV-385-H.

603 F.Supp.2d 956 (2009)

HUMANA HEALTH PLANS, INC., Plaintiff v. Patti POWELL, Defendant.

United States District Court, W.D. Kentucky, at Louisville.

February 25, 2009.

Attorney(s) appearing for the Case

John David Kolb, Linda H. Clare, Gibson & Sharp PSC, Louisville, KY, for Plaintiff.

Joseph D. Satterley, Kenneth L. Sales, Paul J. Kelley, Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC, Louisville, KY, Rick A. Johnson, Sales, Satterley & Johnson, Paducah, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN II, District Judge.

Humana Health Plans, Inc. ("Humana") has sued Defendant, Patti Powell ("Powell"), for reimbursement of medical expenses that Humana paid under the terms of an employee benefit plan. After Powell moved to dismiss, the Court filed an extensive Memorandum Opinion dated December 1, 2008, 2008 WL 5096005, sustaining the motion on the grounds that (1) Humana had an equitable remedy available under...

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