Saucedo v. UnitedHealthcare Insurance Company of the River Valley

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
SERGIO SAUCEDO 	PLAINTIFF
V. 	CASE NO. 5:23-CV-5214
UNITEDHEALTHCARE INSURANCE
COMPANY OF THE RIVER VALLEY 	DEFENDANT
ORDER
Comes on for consideration the Report and Recommendation (Doc. 68) filed in this
case on January 27, 2025, by the Honorable Christy Comstock, United States Magistrate
Judge for the Western District of Arkansas. No objections were filed by the deadline.
IT IS THEREFORE ORDERED that the Report and Recommendation is proper
and is ADOPTED IN ITS ENTIRETY. Accordingly, Defendant’s Motion to Dismiss, or
alternatively, Motion for Summary Judgment (Doc. 40) is DENIED in PART and
GRANTED in PART as follows:
• The Motion is GRANTED with respect to ERISA claims relating to services
provided to Plaintiff by Dr. Scott Bolding, DDS on July 27, 2020, and December 23, 2020,
as these claims were not administratively exhausted. Since the deadline to submit these
claims has passed, they are DISMISSED WITH PREJUDICE.
• The Motion is DENIED with respect to ERISA claims relating to services provided
to Plaintiff by Dr. Scott Bolding, DDS on May 4, 2020, and May 6, 2020, as Plaintiff has
established the right to an out-of-time appeal. These claims are therefore REMANDED
to Defendant for further consideration. Defendant is ORDERED to provide Plaintiff any
SPD required appeal forms which must be utilized to perfect his out-of-time appeal.
Case 5:23-cv-05214-TLB Document 69 Filed 02/13/25 Page 1 of 2 PageID #:
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The case shall be CLOSED. However, the Court will retain jurisdiction over the
remanded claims until such time as they are fully resolved. Plaintiff may then move to
reopen if further relief is necessary and appropriate.
IT IS SO ORDERED on this 13th day of February, 2025.
/s/ Timothy L. Brooks
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
Case 5:23-cv-05214-TLB Document 69 Filed 02/13/25 Page 2 of 2 PageID #:
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