Ross v. Diversified Benefit Plans, Inc.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

The plaintiffs, Andrew and Druezisla Ross (“Rosses”), brought suit under ERISA against Mr. Ross’ employer’s benefits plan (“the Plan”), its third-party administrator, Diversified Benefit Plans, Inc. (“Diversified”), and the Business Insurance Trust to recover benefits for their son’s treatment. Brian Ross’ health care providers accepted partial payment from the defendants, releasing them and the Rosses from liability. The Rosses moved for attorney’s fees. For the following reasons, the motion is granted, in part, and denied, in part.

I

In the…