Thomas v. Kaiser Sacramento et al

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/17 ORDERING that Within 14 days of this order, the parties shall meet and confer, and file a joint status report addressing the following topics: (a) a proposed briefing schedule; (b) whet her or not the parties desire a hearing upon completion of the briefing, or whether the matter should be submitted on the record and written briefing; (c) if a hearing is desired, proposed hearing dates; (d) whether any discovery or development outsi de of the administrative record is necessary or appropriate; and (e) any other matters that will aid in the expeditious and just resolution of this case; Upon review of the parties' joint status report, the court will issue an appropriate scheduling order. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN W. THOMAS,

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Plaintiff,

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No. 2:16-cv-2541-KJN PS

v.

ORDER

SECRETARY OF HEALTH AND
HUMAN SERVICES,

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Defendant.

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By this action, plaintiff seeks judicial review of a final decision of the Secretary of Health

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and Human Services concluding that the Medicare Advantage Plan in which plaintiff had been

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enrolled had properly denied plaintiff’s pre-authorization request to have eye surgery performed

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by an out-of-network provider to treat an invasive melanoma, and that the plan was not obligated

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to reimburse plaintiff for the costs of the surgery. (ECF No. 12.)1
On August 9, 2017, the Secretary of Health and Human Services filed an answer and

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lodged the administrative record. (ECF No. 21.)2

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Plaintiff proceeds in this action without counsel.

Both parties consented to proceed before a United States Magistrate Judge for all purposes,
including the entry of final judgment, pursuant to 28 U.S.C. § 636(c). (ECF Nos. 5, 15.)
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within 14 days of this order, the parties shall meet and confer, and file a joint status

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report addressing the following topics: (a) a proposed briefing schedule; (b) whether

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or not the parties desire a hearing upon completion of the briefing, or whether the

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matter should be submitted on the record and written briefing; (c) if a hearing is

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desired, proposed hearing dates; (d) whether any discovery or development outside of

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the administrative record is necessary or appropriate; and (e) any other matters that

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will aid in the expeditious and just resolution of this case.

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2. Upon review of the parties’ joint status report, the court will issue an appropriate
scheduling order.
IT IS SO ORDERED.
Dated: August 11, 2017

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