Legal Opinion

Harp v. Kaiser Foundation Health Plan, Inc.

District Court, D. Oregon

Decided September 21, 2015No. 03:15-cv-00168-HZPublished

1Opinion of the Court

OPINION & ORDER

HERNANDEZ, District Judge:

Plaintiff Jennifer Harp brings this action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (ERISA), against Defendant Kaiser Foundation Health Plan, Inc.1, seeking payment of medical care expenses denied by her health plan. She also seeks a statutory penalty because Defendant failed to timely provide plan-related documents in response to her request.

Both parties move for summary judgment on the medical expense claim. Plaintiff also moves for summary judgment on the document request claim. I grant Defendant’s motion and…

2Cases cited19 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  4. Bias v. MoynihanCourt of Appeals for the Ninth Circuit · 2007
  5. Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006

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