Nielsen v. Union Security Insurance Company

Filing 48

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Union Security Insurance Company's Motion to Stay Proceedings for Administrative Review 44 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' request for attorneys fees is denied as moot. IT IS FURTHER ORDERED that the deadline for filing dispositive motions is extended to January 10, 2014. Signed by District Judge John A. Ross on 12/18/13. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHRISTINA NIELSEN,
Plaintiff,
v.
UNION SECURITY INSURANCE CO.,
Defendant.

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No. 4:12-CV-1698-JAR

MEMORANDUM AND ORDER
The parties participated in a telephone conference with the Court on December 13, 2013,
at which time the Court took up Defendant Union Security Insurance Company (USIC)’s motion
to stay this action and remand the benefit decision to USIC for exhaustion of administrative
remedies. (Doc. No. 44) Plaintiff opposes the motion. (Doc. No. 47) USIC’s motion is wholly
inconsistent with its earlier position that remand is not proper since Plaintiff filed suit before the
benefit decision was made. In opposing remand, USIC argued that because the benefit decision
was not made within the time allowed under 29 C.F.R. 2560.503-1(g)(3), Plaintiff was entitled to
proceed directly to court without exhausting administrative remedies. Indeed, USIC emphasized
it was not raising failure to exhaust as a defense. Now, USIC argues that because the Court has
permitted Plaintiff to supplement the record, the appropriate remedy is for the Court to remand
the matter to the claims administrator for exhaustion of administrative remedies. The Court notes
that USIC caused the delay in making the benefit decision. Further, USIC had to anticipate some
supplementation of the record given that Plaintiff had no opportunity to respond to the claims
denial, issued after her complaint was filed in this matter. The motion will be denied.
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Alternatively, USIC seeks to supplement the administrative record. Following the
telephone conference with the Court, the parties have agreed on how the record will be
supplemented. Supplementation of the record is to be completed in advance of the deadline for
filing dispositive motions.
Accordingly,
IT IS HEREBY ORDERED that Defendant Union Security Insurance Company’s
Motion to Stay Proceedings for Administrative Review [44] is DENIED.
IT IS FURTHER ORDERED that Plaintiffs’ request for attorney’s fees is denied as
moot.
IT IS FURTHER ORDERED that the deadline for filing dispositive motions is
extended to January 10, 2014.

Dated this 18th day of December, 2013.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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