5:23-cv-05214•Saucedo v. UnitedHealthcare Insurance Company of the River Valley
Saucedo v. UnitedHealthcare Insurance Company of the River Valley
5:23-cv-05214Arwd13 feb 2025
Testo completo
1 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 #: <pageID>
2 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 #: <pageID>
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