Jenks et al v. BlueCross BlueShield of Illinois

Filing 22

ORDER granting pltf's 16 Motion to supplement the record by Judge Robert S. Lasnik.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LAURIE JENKS, by and through STEVEN
JENKS as next friend,
Plaintiff,

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v.
BLUECROSS BLUESHIELD OF ILLINOIS,
et al.,

Case No. C13-0181RSL
ORDER GRANTING PLAINTIFF’S
MOTION TO SUPPLEMENT THE
RECORD

Defendants.

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This matter comes before the Court on “Plaintiff’s Motion to Supplement the

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Record.” Dkt. # 16. The parties have conferred regarding the information and assurances

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plaintiff seeks: for the most part, they are in agreement. Each of plaintiff’s five requests for

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information is discussed below. To the extent the Court has ordered supplemental responses,

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they shall be provided within fourteen days of the date of this Order. Any assurances that

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responsive documents have been produced or do not exist shall be in writing, signed by counsel.

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A. Case Manager Information

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Defendants shall provide the names and initials of the case managers assigned to

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plaintiff, along with any documents reflecting work done by the case managers on Mrs. Jenks’

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case that have not already been produced as part of the administrative record. Plaintiff has

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ORDER GRANTING PLAINTIFF’S
MOTION TO SUPPLEMENT THE RECORD - 1

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asserted a claim under 29 U.S.C. § 1132(a)(3) seeking specific performance of the case manager

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provisions of the plan and relief for past violations. The usual limits on discovery in ERISA

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cases do not apply to such claims. Winburn v. Progress Energy Carolinas, Inc., 2013 WL

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3880149, at *3-4 (D.S.C. July 25, 2013); Marlbrough v. Kanawha Ins. Co., __ F. Supp.2d __,

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2013 WL 1818032, at * 7 (W.D. La. Apr. 29, 2013) (citing Jensen v. Solvay Chems., Inc., 520 F.

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Supp.2d 1349, 1352 (D. Wyo. 2007)); Mainieri v. Bd. of Trustees of Operating Eng’rs Local 825

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Pension Fund, 2008 WL 4224924, at *4 (D.N.J. Sept. 10, 2008).

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B. Completeness of the Administrative Record
Defendant shall produce any reference materials the claims administrator actually

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considered when making plaintiff’s benefits determination. Following that production, the

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administrative record will be deemed complete.

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C. Policies or Standards Regarding Case Managers and Case Management

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Defendant implies, without actually stating, that the claims administrator actually

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considered all existing policies and standards regarding (1) the appointment and responsibilities

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of case managers and (2) case management and its implementation. If that is the case, the

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supplementation of the administrative record discussed above will fully and completely respond

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to plaintiff’s request. Defendant shall, however, include with its supplemental production an

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explicit statement that no other documents responsive to this request exist.

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D. Denial Letters
Defendant states that it has no documents governing denial letters other than the

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relevant portions of the plan and the governing regulations. No further production or assurances

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are required.

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E. Table of Contents for the Administrative Services Agreement
Defendant shall produce a table of contents for the Administrative Services

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Agreement. The parties shall work together to agree on provisions that are discoverable and the

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means by which confidential information will be protected.

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ORDER GRANTING PLAINTIFF’S
MOTION TO SUPPLEMENT THE RECORD - 2

For all of the foregoing reasons, plaintiff’s motion to supplement the record is

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GRANTED.

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Dated this 12th day of August, 2013.

A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING PLAINTIFF’S
MOTION TO SUPPLEMENT THE RECORD - 3