Saginaw Chippewa Indian Tribe of Michigan et al v. Blue Cross Blue Shield of Michigan

Filing 141

Stipulated ORDER Regarding Counts I, IV and VI of Plaintiffs' Amended Complaint. Signed by District Judge Thomas L. Ludington. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SAGINAW CHIPPEWA INDIAN
TRIBE AND ITS EMPLOYEE
WELFARE PLAN,
Plaintiffs,

Case No. 16-cv-10317
Honorable Thomas L. Ludington
Mag. Judge Patricia T. Morris

v.
BLUE CROSS BLUE SHIELD OF
MICHIGAN,
Defendant.

STIPULATED ORDER REGARDING COUNTS I, IV, AND VI OF
PLAINTIFFS’ AMENDED COMPLAINT
The parties, by and through their respective counsel, having stipulated and
agreed to the below, the Court hereby orders as follows:
IT IS HEREBY ORDERED that Counts I, IV, and VI of Plaintiffs’ Amended
Complaint (Doc. #7) are reinstated insofar as those Counts assert claims related to
Medicare-Like Rates (“MLR”). Specifically, Count I is reinstated regarding claims
related to MLR for insurance coverage for employees of the Tribe (“Employee
Policy”), and Counts IV and VI are reinstated regarding claims related to MLR for
tribal members ("Member Policy").

IT IS FURTHER ORDERED that BCBSM shall file its answer/affirmative
defenses to, and/or a motion seeking to dismiss Counts I, IV and VI on or before
January 29, 2019, with the Local Rules thereafter governing the briefing schedule;
IT IS FURTHER ORDERED that by stipulating to the entry of this Order, no
party shall be deemed to have waived any arguments or legal positions; and
IT IS FURTHER ORDERED that a new scheduling order shall be entered
after a decision is entered on the above-referenced motion to dismiss and a status
conference held.
IT IS SO ORDERED.

Dated: January 4, 2019

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge

Stipulated as to form and entry:
By:

/s/ Bryan R. Walters (with
consent)
Bryan Walters (P58050)
Varnum LLP
Attorneys for Plaintiff
P.O. Box 352
Grand Rapids, MI 495010352 616/336-6000
[e-mail]

Date: December 19, 2018

By:

/s/ Brandon C. Hubbard
Brandon C. Hubbard
(P71085)
Dickinson Wright PLLC
Attorneys for Defendant
500 Woodward, Ste. 4000
Detroit, MI 48226
[phone]
[e-mail]

Date: December 19, 2018

2