![]() Blue Cross acknowledges that Aday s claims against it are separate and independent from the Tupelo Service s claims against Aday. Additionally, Aday seeks to voluntarily dismiss her third-party complaint against Blue Cross without prejudice. Tupelo Service Finance seeks to remand this case on the basis that Aday s joinder of the third-party defendant was improper as the claim is not ripe and is premature. The third-party defendant removed the case from the County Court of Lee County to this federal court on the basis that Aday s claims against Blue Cross implicated the Employee Retirement Income Security Act of 1974 (ERISA). That third-party complaint prayed that in the event a judgment is entered against Aday, Blue Cross would be liable for the amount of such judgment for its failure to pay the balance of Aday s claims. Aday requested and was granted leave to file a third-party complaint against Blue Cross Blue Shield of Georgia, Inc. Plaintiff alleged Defendant failed to pay medical bills owed to Plaintiff for services rendered by the North Mississippi Medical Center. BLUE CROSS BLUE SHIELD OF GEORGIA, INC., THIRD-PARTY DEFENDANT MEMORANDUM OPINION Tupelo Service Finance, Inc., filed a complaint in the Lee County Court on July 6, 2010, against Kenlynn Aday. PLAINTIFF CAUSE NO.: 1:10CV315-SA-SAA KENLYNN ADAY DEFENDANT/ THIRD-PARTY PLAINTIFF V. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION TUPELO SERVICE FINANCE, INC.
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