Holmes et al v. UnitedHealthcare Insurance Company et al

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DORAINE LOUISE HOLMES,
Individually and as Personal
Representatives of the Estate of Robert
Wheeler Holmes, Deceased, et al.,
Plaintiffs,
v.
UNITEDHEALTCARE INSURANCE
COMPANY, et al.,
Defendants.
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Civil No. 3:24-CV-3189-K
ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The 	United 	States 	Magistrate 	Judge 	made 	findings, 	conclusions, 	and 	a
recommendation in this case. (See Dkt. No. 54.) 	Objections were filed by Plaintiffs.
(See Dkt. No. 64.) The District Judge reviewed de novo those portions of the proposed
findings, 	conclusions, 	and 	recommendation 	to 	which 	objection 	was 	made, 	and
reviewed the remaining proposed findings, conclusions, and recommendation for plain
error. 	Finding 	no 	error, 	the 	Court 	ACCEPTS 	the 	Findings, 	Conclusions, 	and
Recommendation of the United States Magistrate Judge. Plaintiffs’ Objections are
OVERRULED.
Defendant UnitedHealthcare Insurance Company’s motion to dismiss (Dkt.
No. 42) is GRANTED, as follows:
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Plaintiffs’ 	claims 	against 	UnitedHealthcare 	Insurance 	Company 	related to
coverage 	under 	a 	Medicare 	Advantage 	plan 	are 	DISMISSED 	WITHOUT
PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(1), for failure to
exhaust administrative remedies and because those claims are preempted by the
Medicare Act.
All 	other 	claims 	against 	UnitedHealthcare 	Insurance 	Company 	are
DISMISSED WITH PREJUDICE, pursuant to Rule 12(b)6), for failure to timely file
claims under the applicable statutes of limitations, and for failure to state a claim.
Defendant Texas Health Harris Methodist Hospital Hurst-Euless-Bedford’s
motion to dismiss (Dkt. No. 40), Defendant Ascension Providence Hospital of Waco’s
motion to dismiss (Dkt. No. 41); and Defendant Autumn Leaves Nursing Home,
LCS’s motion to dismiss (Dkt. No. 43) are GRANTED, and all of Plaintiffs’ claims as
to 	these 	Defendants 	are 	DISMISSED 	WITH 	PREJUDICE, 	pursuant 	to 	Rule
12(b)(6), for failure to timely file claims under the applicable statutes of limitations,
and for failure to state a claim.
SO ORDERED.
Signed March 18th , 2026.
________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
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