Williams v. Anthem Life Insurance Company

Filing 22

MEMORANDUM & ORDER by Judge John G. Heyburn, II on 7/10/2013; on or before 8/5/2013 dft shall file a complete copy of the administrative record; on or before 8/19/2013 plaintiff shall make any objections; see order for specificscc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3-13-CV-67-H
OLIVIA WILLIAMS

PLAINTIFF

v.
ANTHEM LIFE INSURANCE COMPANY

DEFENDANT

MEMORANDUM AND ORDER
Plaintiff, Olivia Williams, is the beneficiary of a death insurance policy under a group
life plan through her husband’s employer, the Dant Clayton Corporation. Defendant, Anthem
Life Insurance Company, underwrote and administered the policy. ERISA governs the matter in
dispute. Anthem denied Plaintiff’s initial claim and she subsequently filed this action in federal
court to contest that decision. Plaintiff has now moved for a judgment on the pleadings or, in the
alternative, for leave to conduct any discovery and to submit additional proof beyond the
administrative record.
The parties seemed to have engaged in a very counterproductive dispute which, for the
most part, ignores the traditional rules of ERISA jurisprudence. The Court will deny both of
Plaintiff’s motions as premature and set forth a process to get this case and the resolution back
on a reasonable track.
First, the Court will allow a time period within which Anthem must file the
administrative record. In most instances, the Court will decide the subsequent motions based
upon that record alone. However, there are exceptions to that general rule. Therefore, the Court
will allow a time within which Plaintiff may move for discovery or to supplement the
administrative record. The Court will consider any such motions in due course. Thereafter, the

parties will file motions based on the final record as is normally the process in ERISA litigation.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that on or before August 5, 2013, Defendant shall file a
complete copy of the administrative record.
IT IS FURTHER ORDERED that on or before August 19, 2013, Plaintiff shall make any
objections she deems appropriate to the administrative record or shall file a request for additional
discovery.
IT IS FURTHER ORDERED that after the Court resolves any disputes regarding the
administrative record, it shall set a final briefing schedule for resolution of this case.

July 10, 2013

cc:

Counsel of Record