E.V. v. United HealthCare Oxford
- Victor Marrero
- 1:22-cv-02855
- U.S. District Court · Southern District of New York
- 2
In E.V. v. United Healthcare Oxford, Judge Marrero granted the parties’ requests to adjust mediation and pretrial deadlines in this ERISA case.
E.V., L.V., and the defendants identified as Oxford Health Plans (NY), Inc., sued as United Healthcare Oxford, and United Behavioral Health.
What happened
E.V. and L.V. sued United Healthcare Oxford and other defendants in a case under the Employee Retirement Income Security Act. The parties jointly asked to postpone mediation and the pretrial conference and to be excused from submitting a pretrial order.
The parties said the case was likely to be resolved through summary-judgment motions and proposed waiting for that ruling before deciding whether a trial was needed. The opinion does not decide the underlying dispute or the anticipated summary-judgment motions.
Judge Marrero granted the parties’ requests, adjourned the mediation deadline and pretrial conference, and relieved the parties of the pretrial-order requirement. The court also adopted the proposal that the parties submit a proposed pretrial schedule and request a pretrial conference within 15 days after the summary-judgment order, if still necessary.
The detailed version
- E.V. v. United HealthCare Oxford · No. 1:22-cv-02855
- Victor Marrero
- Aug. 12, 2022
Background
The letter identifies E.V. and L.V. as plaintiffs and identifies Oxford Health Plans (NY), Inc., sued as United Healthcare Oxford, and United Behavioral Health as defendants. The parties described the action as arising under the Employee Retirement Income Security Act, a federal law governing employee-benefit plans. They jointly requested changes to the case schedule.
The requested changes concerned three matters: the August 31, 2022 mediation deadline; the September 8, 2022 pretrial conference; and the August 17, 2022 deadline for submitting a pretrial order. The parties stated that they had discussed settlement but did not believe mediation would be efficient or productive. They also said the case was likely to be resolved through the parties’ anticipated cross-motions for summary judgment, which are motions asking the court to decide the case without a trial when there is no genuine dispute requiring a trial.
Ruling
The court granted the parties’ requests. It ordered that the mediation deadline be adjourned, adjourned the pretrial conference set for September 8, 2022, and relieved the parties of the requirement to submit a pretrial order. The court reminded the parties that motions were due October 14, 2022, and adopted their proposal to submit a proposed pretrial schedule and request a pretrial conference within 15 days after the court’s summary-judgment order, if those steps remained necessary.
This order addressed scheduling and pretrial procedures only. It did not decide the parties’ underlying ERISA dispute or rule on the anticipated summary-judgment motions.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.