Coventry Health Care Inc of Bethesday MA Goes Back to Court

The problem in not Anthony Weiner

Anthony Weiner, in and of himself, is not the problem. The problem is that we as a nation are willing to tolerate men like Weiner in office. How can it possibly be that Weiner is NOT going to be forced to resign? What kind of a populace do you have to have to tolerate Weiner’s sexual crimes, betrayal of his wife, betrayal of his oath of office, and his lying? Weiner is merely pathetic. A nation of people that permits men like him to continue to pollute the hallowed halls of their capitol is terrifying. The reason this country is going straight to hell isn’t because it contains men like Weiner. The reason we are going straight to hell is because we don’t respect ourselves enough to demand better of our elected leaders. A nation that thinks that it deserves to be ruled by lying, … is already dead.

                                                                                                                                     ~ Wethepeople.com, June 7, 2011

 

IN THE UNITED STATES DISTRICT COURT

FOR THE NOTHERN DISTRICT OF WEST VIRGINIA

Civil Action No.5: 10CV109

(STAMP)

CHRISTINE STENGER,  Plaintiff,  v. CARELINK HEALTH PLANS, INC. ("COVENTRY HEALTH CARE INC OF

BETHESDA MD") and PATRICK W. DOWD, Defendants.

  

MEMORANDUM OPINION AND ORDER

GRANTING THE PLATIFF’S MOTION FOR LEAVE TO FILE;

DENYING THE PLAINTIFF’S MOTION TO STRIKE DEFENDANTS’

MEMORANDUM OF LAW IN SUPPORT OF NOTICE OF REMOVAL;

GRANTING THE PLAINTIFF’S MOTION TO REMAND;

AND DENYING THE PLAINTIFF’S REQUEST FOR ATTORNEY’S FEES

I.               Procedural History

The above-styled civil action is before this Court as a result of a notice of removal filed by the defendants in which the defendants assert that federal jurisdiction is pursuant to 28 U.S.C. $ 1331, 29 U.S.C. $ 1001, et seq., and 29 U.S.C. $ 1140. On October 15, 2007, the plaintiff, Christine Stenger (“Stenger”), commenced this civil action in the Circuit Court of Ohio County, West Virginia, asserting several state law claims against Carelink Health Plans, Inc. and its former President and Chief Executive Officer, Patrick W. Dowd (“Carelink defendants” or “defendants”),  including discrimination, intimidation, intentional infliction of emotional distress, and negligent inflection of emotional distress. The defendants initially removed this case to this Court on November 16, 2007. On September 26, 2008, this Court remanded the action to the Circuit Court of Ohio Country, finding that the plaintiff’s state law claims were not preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. $ 1001, et seq., as the claims did not “relate to” an ERISA benefit plan.

   On October 22, 2010, the defendants again removed this case to this Court, stating that the plaintiff filed “other papers,” specifically, her memorandum in opposition to the defendants’ motion for summary judgment and other related pretrial filings, which, for the first time, showed that the plaintiff intended to bring an action pursuant to ERISA. The defendants filed a memorandum of law in support of their notice of removal. The plaintiff then filed a motion to strike the defendants’ memorandum of law in support, in which they argue the memorandum in support is “redundant, immaterial, and impertinent.” The plaintiff also filed a motion to remand, in which the plaintiff argues that the defendants’ removal was untimely. The defendants filed a response to which the plaintiff replied. The plaintiff filed a motion for leave to file a supplemental memorandum regarding her motion to remand. (1)

  For the reason set forth below, this Court denies the plaintiff’s motion to strike the defendants’ memorandum in support and grants plaintiff’s motion to remand.

And Judge Frederick P. Stamp continues in his arguments that will insure that Plaintiff Christine Stenger’s case be held in her hometown of Wheeling WV within the next 90 days.

This sweet victory comes at a huge cost to the plaintiff, but it is a monumental win for unsuspecting electorate that in the election of 2012 will be better informed as to the harsh reality about for-profit health care. The plaintiff will leave her small corner of the world a much safer place to raise the next generation of American citizens, whose disabled, should never again have to under go the travesty in the justice system that allows unconscionable delays and indignities unimaginable. As Father Jeremiah McSweeney, my spiritual director shared today when we met, “Penny, trillions of deo gratias.”