March 18, 2005 No. 04-1224 & 04-1225 Jean Levine v. United Healthcare Corp NJ DC 01-cv-5339, 01-cv-5812 and 01-cv-4964

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 18, 2005
No. 04-1224 & 04-1225
Jean Levine, et al
v.
United Healthcare Corp
(NJ DC 01-cv-5339, 01-cv-5812 and 01-cv-4964)
Present: NYGAARD and GARTH, Circuit Judges and POLLAK, District Judge
Motion to Amend Published Opinion by Appellees/Cross-Appellants.
/s/ Phyllis Ruffin
Phyllis Ruffin 267-299-4918
Answer due 4/1/05
Published Opinion & Judgment 3/16/05
O R D E R
The foregoing motion is granted. The opinion shall be changed to read as follows:
at line 34:
HORIZON HEALTHCARE SERVICES, INC.,
at lines 103 through 117:
Donna Siegel Moffa, Esq. (Argued)
Trujillo Rodriguez & Richards
8 Kings Highway West
Haddonfield, NJ 08033
Franklin P. Solomon, Esq. (Argued)
Weitz & Luxenberg
210 Lake Drive East, Suite 101
Cherry Hill, NJ 08002
Counsel for Appellees/Cross Appellants
Noreen Bogurski
Natalie Finkelman Bennett, Esq.

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Page 2
No. 04-1224 & 04-1225
Jean Levine, et al v. United Healthcare Corp.
Footnote 11 is amended to read as follows:
These excluded scenarios are set forth in the “deemer” clause, and exempt certain self-funded ERISA plans from the reach
of state laws otherwise saved from preemption under the savings clause. The deemer clause is not at issue here. See 29
U.S.C. § 1144 (b)(2)(B).
By the Court,
/s/ Richard L. Nygaard
Circuit Judge
Dated: March 24, 2005

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