CHURCHILL v. CIGNA CORPORATION et al

Filing 132

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION TO AMEND/EXPAND CLASS DEFINITION (DOC. 90) IS GRANTED IN PART AND DENIED IN PART DEFENDANTS MOTION FOR PARTIAL DISMISSAL OF SECOND AMENDED CLASS ACTION COMPLAINT (DOC. 88) IS DENIED WITHOUT PREJUDICE TO REA SSERTION HAS BEEN ISSUED TO THE PREVIOUSLY CERTIFIED CLASS. PLAINTIFFS MOTION TO AMEND CLASS DEFINITION ENTERED BY THE COURT AND SUBCLASS DEFINITION SOUGHT BY PLAINTIFFS (DOC. 92) IS GRANTED IN PART AND DENIED IN PART, ETC. DEFENDANTS MOTION TO STAY AND JOINT STIPULATION (DOC. 97) IS GRANTED. DEFENDANTS MOTIONS FOR LEAVE TO FILE SUPPLEMENTAL EXHIBIT IN OPPOSITION TO PLAINTIFFS MOTION TO AMEND THE CLASS DEFINITION (DOC. 112) IS GRANTED. PLAINTIFFS MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION TO AMEND CLASS DEFINITION (DOC. 118) IS GRANTED.. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/21/12. 8/21/12 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KRISTOPHER CHURCHILL &
LUIS ROLANDO
On behalf of themselves and
all others similarly situated
v.
CIGNA CORPORATION, et al.

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CIVIL ACTION
No. 10-6911

ORDER
AND NOW, this 21st day of August, 2012, it is ORDERED:
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Plaintiffs’ Motion to Amend/Expand Class Definition (Document 90) is GRANTED
in part and DENIED in part. The motion is GRANTED insofar as the following
subclass shall be certified pursuant to Federal Rule of Civil Procedure 23(b)(3):
All individuals who, on or after November 24, 2006, (1) were enrolled in a
plan administered by a CIGNA Defendant, or insured under health insurance
coverage offered by a CIGNA Defendant in connection with a plan, and (2)
are currently enrolled in a CIGNA-affiliated plan, and (3) who, on or after
November 24, 2006, made a claim or make a claim for Applied Behavior
Analysis and/or Early Intensive Behavioral Treatment for Autism Spectrum
Disorder which was denied on the grounds that such treatment is deemed by
a CIGNA Defendant to be investigative or experimental.
Excluded from the class are Defendants, any parent, subsidiary, affiliate, or
controlled person of Defendants, as well as officers, directors, agents,
servants or employees of Defendants, and the immediate family member of
any such person. Also excluded is any judge who may preside over this case
or any person who has already settled a claim for either of these therapies
with a Defendant.
The motion is DENIED insofar as Plaintiffs’ proposed Subclass shall be modified as

set forth above.
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Defendant’s Motion for Partial Dismissal of Second Amended Class Action
Complaint (Document 88) is DENIED without prejudice to reassertion after notice

has been issued to the previously certified class;
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Plaintiffs’ Motion to Amend Class Definition Entered by Court and Subclass
Definition Sought by Plaintiffs (Document 92) is GRANTED in part and DENIED
in part, consistent with this Order;

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Defendant’s Motion to Stay and Joint Stipulation (Document 97) is DENIED as
moot;

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Defendant’s Motion for Leave to File Supplemental Exhibit in Opposition to
Plaintiffs’ Motion to Amend the Class Definition (Document 112) is GRANTED;
and

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Plaintiffs’ Motion for Leave to File Supplemental Brief in Support of Motion to
Amend Class Definition (Document 118) is GRANTED.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.