Munnelly v. Fordham University Faculty and Administration HMO Insurance Plan et al
| Kevin Munnelly |
| Fordham University Faculty and Administration HMO Insurance Plan, Empire HealthChoice Assurance, Inc. and UnitedHealthcare Insurance Company of New York |
| 1:2016cv05632 |
| July 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul G. Gardephe |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
78
MEMORANDUM OPINION & ORDER re: 56 MOTION for Summary Judgment . filed by Empire HealthChoice Assurance, Inc. For the reasons stated above, Plaintiff's motion for summary judgment is granted to the extent that the Court finds th at the Plan's provision excluding coverage for residential treatment services violates the Parity Act. Defendant's motion for summary judgment is granted as to the Complaint's Second Claim for Relief, but is otherwise denied. The Court reserves decision as to the appropriate remedy for Defendant's statutory violation, pending additional briefing. Plaintiff's submission on this point is due on April 9, 2018. Defendant's submission is due on April 16, 2018. Th e Court will conduct a conference in this matter on April 20, 2018, at 10:00 a.m. in Courtroom 705, U.S. Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 56, 57). (As further set forth in this Order.) (Status Conference set for 4/20/2018 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/30/2018) (cf)
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