Canter v. Alkermes Blue Care Elect Preferred Provider Plan
| Keith W Canter |
| Alkermes Blue Care Elect Preferred Provider Plan and Blue Cross Blue Shield of Massachusetts, Inc |
| 1:2017cv00399 |
| June 12, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| BROWN |
| Susan J. Dlott |
| Karen L. Litkovitz |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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Filing
125
REPORT AND RECOMMENDATION that Plaintiffs motion for attorney fees for remand 101 be DENIED AS MOOT; Plaintiffs motion for attorney fees for remand 103 be GRANTED in the amount of $204,771 in attorney fees and $622.75 in costs; Plaintif fs amended motion to reopen and return case to the active docket 111 be DENIED; and Plaintiffs amended second motion for judgment on the record after remand 112 be DENIED. Objections to R&R due by 12/29/2022. Signed by Magistrate Judge Karen L. Litkovitz on 12/15/2022. (art)
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Filing
100
OPINION AND ORDER granting 95 Canter's Motion for Leave to File a Sur-Reply. The Court overrules 90 BCBSMA's Objections to the Magistrate Judge's R&R, and thus adopts 88 the R&R. Accordingly, the Court grants 69 Canter's M otion for Judgment on the Administrative Record with regard to his procedural claims under 29 U.S.C. § 1133 and substantive claims under 29 U.S.C. § 1132(a)(1)(B), and denies his Motion in all other respects. The Court grants 70 BCBSMA� 39;s Motion for Judgment on the Administrative Record with respect to Canter's 29 U.S.C. § 1132(c) claim and denies BCBSMA's Motion in all other respects. The Court remands this matter to BCBSMA for reconsideration of Canter's claim for benefits based upon a complete administrative record. Signed by Judge Douglas R. Cole on 3/23/22. (sct)
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Filing
76
ORDER adopting 75 Report and Recommendations. Accordingly, plaintiff's motion for attorney fees is DENIED. Signed by Judge Susan J. Dlott on 5/15/2019. (jlw)
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Filing
75
REPORT AND RECOMMENDATION that plaintiff's 62 MOTION for Attorney Fees be Denied. Objections to R&R due by 5/6/2019. Signed by Magistrate Judge Karen L. Litkovitz on 4/22/2019. (art)
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Filing
61
ORDER granting in part plaintiff's 52 Motion to Compel. In accordance with the terms of this Order, defendant shall respond to Interrogatory Nos. 1,3,4,5,8,9,10,11,12 and 13 and comply with plaintiff's request for production of document s Nos. 2,3,5,6, and 7. The motion to compel is Denied in all other respects. Defendant's 58 Motion to file a correction memorandum in response to plaintiff's motion to compel is Granted. The corrected memorandum (Doc. 58-2) is accepted for filing. Signed by Magistrate Judge Karen L. Litkovitz on 10/24/2018. (art)
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Filing
37
ORDER following 36 Informal Discovery Conference. Defendants to review documents no later than 3/16/2018. Plaintiff will determine outstanding discovery request status no later than 3/23/2018. After completing these steps the parties will confe r among themselves and if they are unable to resolve the outstanding discovery issues, they will contact the Court to schedule a follow-up telephone conference. Plaintiff's ( 31 MOTION to deem admitted and/or to Order amendment is Denied as Moot. Signed by Magistrate Judge Karen L. Litkovitz on 3/9/2018. (art)
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