Plavin v. Group Health Incorporated

Filing 154

ORDER (memorandum filed previously as separate docket entry) GRANTING AND DENYING IN PART 141 MOTION for Summary Judgment filed by Group Health Incorporated; GRANTED re Plaintiffs' New York General Business Law and New York Insurance Law  7; 4226a) claims asserted in Plaintiffs' Second, Third and Fourth Claims in the Amended Complaint 70 - and JUDGMENT is entered in favor of Defendant GHI and against Plaintiffs; and DENIED without prejudice as to all Plaintiffs' unjust enrichment claims, including those of former Plaintiff Plavin, as asserted in Plaintiffs' First Claim for Relief in the Amended Complaint. 70 Signed by Honorable Robert D Mariani on 09/22/2023. (cac)

Case 3:17-cv-01462-RDM Document 154 Filed 09/22/23 Page 1 of 2

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEVEN PLAVIN, on behalf of himself
and all others similarly situated, et al.
Plaintiff,
3:17-CV-1462
(JUDGE MARIANI)

v.
GROUP HEALTH INCORPORATED,
Defendant.

ORDER

·~ -1 lYd
AND NOW, THIS ~
- ~ DAY OF SEPTEMBER, 2023, upon consideration of the
Motion for Summary Judgment filed by Defendant Group Health Incorporated ("GHI") (Doc.
141), and all documents relevant to such motion, IT IS HEREBY ORDERED THAT GHl's
Motion for Summary Judgment (Doc. 141) is GRANTED in part and DENIED in part as
follows:
1. GHl's Motion for Summary Judgment (Doc. 141) is GRANTED as to all Plaintiffs' New
York General Business Law ("GBL") § 349, GBL § 350, and New York Insurance Law

§ 4226(a) claims, including those of former Plaintiff Steven Plavin, as asserted in
Plaintiffs' Second, Third, and Fourth Claims for Relief in the Amended Complaint (Doc.
70). 1 Judgment is entered in favor of Defendant GHI and against Plaintiffs on these
claims (Doc. 70).

1 Steven

Plavin voluntarily withdrew from this case on June 27, 2022. (Doc. 115.)

Case 3:17-cv-01462-RDM Document 154 Filed 09/22/23 Page 2 of 2

2. GHl's Motion for Summary Judgment (Doc. 141) is DENIED without prejudice as to
all Plaintiffs' unjust enrichment claims , including those of former Plaintiff Plavin , as
asserted in Plaintiffs' First Claim for Relief in the Amended Complaint (Doc. 70).

Robert D. anani
United States District Judge

2