Cavallo v. Utica-Watertown Health Insurance

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

This matter is on remand from the United States Court of Appeals for the Second Circuit. The mandate was filed July 16, 1999, vacating the previously-issued injunction as moot, dismissing the appeal, and remanding to this court. See Cavallo v. Utica-Watertown Health Ins. Co., 181 F.3d 82 (2d Cir. 1999) (Table) (unpublished summary order available at 1999 WL 314139), vacating and remanding 985 F.Supp. 72 (N.D.N.Y.1997), on reconsideration to 3 F.Supp.2d 223 (N.D.N.Y.1998).

Plaintiffs motion for class certification, opposed by…