Lees v. Anthem Insurance Companies, Inc.

Filing 83

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Robert Troise's motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 5/13/2016. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RONALD LEES, on behalf of himself
and others similarly situated,

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Plaintiff,
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v.
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ANTHEM INSURANCE COMPANIES )
INC., d/b/a ANTHEM BLUE CROSS
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BLUE SHIELD,
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Defendant.
)

No. 4:13CV1411 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on communication from Robert Troise, who states
that he seeks to be included in the settlement of this Class Action lawsuit. A hearing
regarding the fairness of the settlement reached by the parties was held on April 9, 2015,
and it was attended by counsel for plaintiff, counsel for defendant, and counsel for
objector Glenn Kassiotis. The Court approved the settlement pursuant to Federal Rule of
Civil Procedure 23(e)(2). The class members are limited to the 830,593 specific cellular
telephone numbers that were called by defendant or its agent. Class members were able
to submit claim forms through a Settlement Website containing additional information
regarding the litigation and settlement. Class members were required to submit claim
forms by January 11, 2015. An issue arose regarding late-filed claims forms, and the
Court determined that all Forms postmarked or received electronically through the
Claims website no later than January 18, 2015 were valid.
On April 18, 2016, more than a year after the deadline for claims submission had
passed, this Court received a document from Robert Troise titled “Motion” that stated he
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is a class member, that he had called the phone numbers “given by the court” and also
faxed the claims administrator “to no avail.” (#81.) The Clerk’s Office responded that
claims forms were required to have been submitted by January 11, 2015, and that the case
had been closed on June 16, 2015, so his matter would not be addressed because it was
untimely. Mr. Troise responded, writing on the letter sent by the clerk, that he was told
to write to the Court “on a motion on this case.”
It is not clear exactly what relief Mr. Troise seeks from this Court. The claims
administrator has certainly by now been made aware of his concerns, so this Court
presumes that the claims administrator properly handled Mr. Troise’s claim. To the
extent Mr. Troise seeks leave from this Court to file a claim past January 18, 2015, his
request is denied.
Accordingly,
IT IS HEREBY ORDERED that Robert Troise’s motion is DENIED.
Dated this 13th day of May, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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