Scheff v. Blue Cross Blue Shield of North Dakota

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Gary D. Scheff, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Blue Cross Blue Shield of North Dakota, 	) 	Case No. 4:15-cv-173
)
Defendant. 	)
On November 16, 2016, the court granted the parties' "Joint Motion for an Order Adopting
Stipulations of Parties Regarding the Filing of an Amended Complaint and a Stay of Proceedings
to Permit Consideration of Plaintiff's Claim by the Claims Administrator." In so doing it ordered:
Plaintiff shall have until November 30, 2016, to file an Amended Complaint setting
forth a single count under ERISA 502(a)(1)(B), 29 U.S.C. §1132(a)(1) (B). Plaintiff
shall submit a claim for benefits to Defendant Blue Cross Blue Shield of North
Dakota ("BCBSND"), as claims administrator, for determination of the claim as if
the claim were submitted for the first time, without any presumption that the prior
determination of plaintiff's claim was correct, and with a right to seek review by a
claims administrator within 180 days notice of the determination of the claim in the
event that the determination of the claim is adverse. 	Further proceedings in this
matter shall be stayed until August 14, 2017. Counsel for BCBSND shall submit a
status report to the court regarding the status of plaintiff's claim (without comment
on the claim's merits) on February 20, 2017.
(Doc. No. 32). Thereafter, plaintiff filed an Amended Complaint and defendant filed a status report
as directed.
It is nearing one-year passed since defendant filed its status report. The court therefore
directs defendant to file a supplemental report by March 5, 2018, briefly updating the court on the
status of plaintiff's claim.
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IT IS SO ORDERED.
Dated this 5th day of February, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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