Barling v. UEBT Retiree Health Plan

AMENDED ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

VINCE CHHABRIA, United States District Judge

Introduction

Harold Barling has sued the UEBT Retiree Health Plan (which is an ERISA plan) and related defendants. He contends the defendants violated the terms of the ERISA plan by requiring him to pay deductibles and coinsurance during a time when Medicare served as Barling’s “primary payer” and the Plan served as his “secondary payer.” Hé brings this claim on behalf of himself and others similarly situated.

Barling also seeks ERISA penalties for the plan administrator’s failure to respond promptly…