Reynolds v. Aetna Life Insurance Company
Filing
22
ORDER STAYING CASE granting 21 Consent MOTION to Stay, staying the action to allow parties to review the administrative record and directing counsel to provide the court with a written report advising of the outcome of the review within fourteen (14) days of its completion. Signed by Honorable Joseph F Anderson, Jr on 06/28/2011. (bshr, ). Modified on 6/29/2011 to replace order with corrected document(bshr, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Karen Reynolds,
Plaintiff,
v.
Cox Enterprises, Inc. Welfare Benefits Plan,
Defendant.
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C.A. No. 0:10-03085-JFA
ORDER OF STAY
This action is brought by Plaintiff seeking certain long term disability benefits under the
Cox Enterprises, Inc. Welfare Benefits Plan (the “Plan”).
Claims under the Plan are
administered by Aetna Life Insurance Company (“Aetna”). The Court is advised that both
parties desire a stay of this case so that clarification may be obtained with respect to certain
medical information in the administrative record from one of Plaintiff’s treating physicians and,
thereafter, to allow Aetna to conduct a full review of Plaintiff’s long term disability claim.
It appears to the satisfaction of the Court that a stay of this action for that purpose is
reasonable and not for the purpose of delay.
NOW, THEREFORE, on joint motion of the parties, it is ORDERED, ADJUDGED and
DECREED that:
1.
This action be and is hereby stayed to permit the clarification of certain medical
information in the administrative record and to allow Aetna to fully review Plaintiff’s claim for
long term disability benefits;
2.
The parties shall obtain this clarification within 30 days of the date of this Order.
Thereafter, the Plan, through its claims administrator, Aetna, shall review the information
previously submitted by Plaintiff in connection with her claim for long term disability benefits,
obtain additional information, if necessary, and complete its review of Plaintiff’s claim within 45
days of the date on which the clarification is obtained;
3.
Counsel for the Plan shall, within 14 days of the completion of the administrative
review, advise counsel for Plaintiff of the decision with respect to Plaintiff’s claim and furnish
the Court a written report advising of the outcome of the administrative review.
4.
The parties are stayed from taking any further action in this case until this
administrative review has ended;
5.
No party waives any right to assert any defense or claims currently available to it.
IT IS SO ORDERED.
June 28, 2011
Columbia, South Carolina
Joseph F. Anderson, Jr.
United States District Judge
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