Peterson v. Wellpoint, Inc. et al, No. 2:2013cv00933 - Document 77 (E.D. La. 2014)

Court Description: ORDER AND REASONS: IT IS ORDERED that: 1) Defendant, Center for Restorative Breast Surgery's Motion in Objection to the Magistrate's Report and Recommendation (Rec. Doc. 63) is hereby DENIED; 2) Plaintiff's Objections to Magistrate Rep ort Recommendations (Rec. Doc. 70) are hereby OVERRULED; 3) The motions of the defendants, Centers for Medicare & Medicaid Services, WellPoint, Inc., Empire HealthChoice Assurances, Inc., whose trade name is Empire BlueCross BlueShield, and Blue Cros s and Blue Shield Association to dismiss the complaint of the plaintiff, Andrea Peterson (Rec. Docs. 29, 32 and 37) are hereby GRANTED, and the plaintiff's claims against (a) Centers for Medicare & Medicaid Services, (b) WellPoint, Inc., (c) Emp ire HealthChoice Assurances, Inc., (d) Empire BlueCross BlueShield, and (e) Blue Cross and Blue Shield Association are hereby DISMISSED; and 4) The motion of the defendant, Center for Restorative Breast Surgery, LLC, to dismiss (Rec. Doc. 19) is hereby DENIED IN PART, in that it is denied as to Ms. Peterson's cause of action for breach of contract, and GRANTED IN PART, in that it is granted as to all other claims.. Signed by Judge Kurt D. Engelhardt on 3/21/14. (tbl)