Cavanuagh v. Providence Health Plan

Filing 63

Opinion and Order. For the reasons in the 48 page Opinion and Order, the Court GRANTS plaintiff's Motion for Summary Judgment 27 , and DENIES Defendant's Cross-Motion for Summary Judgment 31 on the ground that the record reflects Plainti ff has not been made whole. The Court, therefore, concludes Plaintiff is entitled to a judgment that Defendant may not enforce its right to a lein or reimbursement under the Plan until Plaintiff has been made whole. In addition, the Court concludes Plaintiff is entitled to recover her costs and attorneys' fees incurred to obtain this result. The Court also GRANTS Plaintiff's Motion 46 for Leave to File Second Amended Complaint and deems it filed as of October 19, 2009. Finally, t he Court DIRECTS the parties to confer to determine (1) whether further proceedings are needed to resolve any issues in Plaintiff's Supplemental Complaint (#61) as to Defendant's alleged failure to provide Plaintiff with a complete copy of the Plan Document, (2) what specific declarations the parties propose the Court to make consistent with its rulings herein, and (3) whether the parties are able to resolve Plaintiff's claim for costs and attorneys' fees without further liti gation. The Court DIRECTS the parties to submit a joint status report no later than April 16, 2010, addressing these issues and any other matters of concern to the parties pertaining to entry of a final judgment. Signed on 3/16/10 by Judge Anna J. Brown. (ljl)