H. v. Oxford Health Insurance Inc. Freedom Access Plan et al

Filing 124

ORDER Requiring Further Briefing. Please see Order for details and deadlines. Signed by Judge Robin S. Rosenbaum on 5/6/2013. (bon)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 11-23948-CIV-ROSENBAUM ALEXANDRA H., Plaintiff, vs. OXFORD HEALTH INSURANCE, INC., et al., Defendants. ________________________________________/ ORDER REQUIRING FURTHER BRIEFING This cause is before the Court upon a review of the record. Upon consideration of Defendant’s Motion for Reconsideration [D.E. 112], the relevant case law and statutes, and the record in this case, the Court deems it advisable to require further briefing from the parties on the whether New York’s external appeal law, N.Y. Ins. Law § 4910, et seq., may be preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). The parties shall file their briefs with the Court on this issueno later than May 28, 2013. DONE and ORDERED in Fort Lauderdale, Florida, this 6th day of May 2013. ROBIN S. ROSENBAUM UNITED STATES DISTRICT JUDGE Copies furnished to: Counsel of record

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