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Labor: E.R.I.S.A. | California Central
Text Only Scheduling Notice
(IN CHAMBERS) ORDER AND SCHEDULING NOTICE by Judge Stephen V. Wilson: The Court ORDERS the parties to file supplemental briefing as part of the Court's sua sponte reconsideration of its prior order where it dismissed Plaintiff's recovery of benefits claim pursuant to the Plan's out-of-network provider lawsuit limitation provision. The Court would like the supplemental briefs to touch upon the following questions. Does the framework in Heimeshoff apply to the limitations provision at issue? If so, is the limitations provision prohibited by the Heimeshoff framework? In other words, is the out-of-network lawsuit limitation provision contrary to ERISA itself or contract law? Does Beverly Oaks extend to the out-of-network lawsuit limitation provision here? If the waiver doctrine from Beverly Oaks does apply, is the insurance companys knowledge of the fact that Plaintiff is an out-of-network provider imputed to Defendant? What evidence, outside of an agency argument, is there that the Plan/Defendant knew or should have known that Plaintiff was an out-of-network provider and an assignee? The parties should file contemporaneous opening briefs by August 31, 2026. Responsive briefs are due September 14, 2026. A Status Conference on the matter is SET for September 21, 2026, at 1:30 p.m. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dta) TEXT ONLY ENTRY
Status Conference - optional html form
MINUTES OF Status Conference held before Judge Stephen V. Wilson: Status Conference held. For the reasons stated on the record, the Jury Trial and Pretrial Conference previously set are VACATED. The Court will issue an Order to file briefs as discussed on the record. Attorney for Plaintiff(s): Mina Hakakian. Attorney for Defendant(s): Katherine A. McDonough. Courtroom Deputy: Daniel Tamayo. Time in Court: 35 mins. Court Recorder: Court Smart 8/10/2026. (dta)
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