Lake v. State Health Plan for Teachers & State Emps., 825 S.E.2d 254 (2019)

April 11, 2019 · Supreme Court of North Carolina · No. 436P13-3
825 S.E.2d 254
I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, James D. Wilson, Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, Jean C. Narron, and all others similarly situated v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a corporation, formerly known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers and State Employees' Retirement System of North Carolina, a corporation, Board of Trustees of the Teachers and State Employees' Retirement System of North Carolina, a body politic and corporate, Janet Cowell, in her official capacity as Treasurer of the State of North Carolina, and the State of North Carolina

I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, James D. Wilson, Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, Jean C. Narron, and all others similarly situated
v.
STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a corporation, formerly known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers and State Employees' Retirement System of North Carolina, a corporation, Board of Trustees of the Teachers and State Employees' Retirement System of North Carolina, a body politic and corporate, Janet Cowell, in her official capacity as Treasurer of the State of North Carolina, and the State of North Carolina

No. 436P13-3

Supreme Court of North Carolina.

April 11, 2019

Marc Bernstein, Special Deputy Attorney General, for State Health Plan For Teachers And State Employees, et al

Robert M. Curran, Special Deputy Attorney General

Heather H. Freeman, Assistant Attorney General

Christopher M. Whelchel, Gastonia, Attorney at Law, for Lake, I. Beverly, et al

Michael L. Carpenter, Gastonia, Attorney at Law, for Lake, I. Beverly, et al

Marcus R. Carpenter, Gastonia, Attorney at Law

Gary W. Jackson, Charlotte, Attorney at Law, for Lake, I. Beverly, et al

Sam McGee, Charlotte, Attorney at Law, for Lake, I. Beverly, et al

Matthew W. Sawchak, Solicitor General, for State of North Carolina *255ORDER

Upon consideration of the joint petition filed on the 5th of December 2017 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed as moot by order of the Court in conference, this the 11th of April 2019."

Newby, and Ervin, J. recused