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GATES v. UNITED HEALTHCARE INSURANCE COMPANY

No. 11-cv-3487(KBF).

MARIANNE GATES, individually and on behalf of all others similarly situated, Plaintiff, v. UNITED HEALTHCARE INSURANCE COMPANY; ALLIANCEBERNSTEIN L.P.; LIFE, AD&D, DISABILITY & MEDICAL PLAN FOR EMPLOYEES OF ALLIANCEBERNSTEIN L.P.; UNITED HEALTHCARE CHOICE PLUS COPAY PLAN FOR ALLIANCEBERNSTEIN L.P.; ALLIANCEBERNSTEIN L.P. RETIREE MEDICAL PLAN FOR EMPLOYEES OF ALLIANCEBERNSTEIN L.P.; and ALLIANCEBERNSTEIN L.P. UNITED HEALTHCARE INDEMNITY PLAN, Defendants.

United States District Court, S.D. New York.

November 7, 2014.

Attorney(s) appearing for the Case

Marianne Gates, Plaintiff, represented by David Steven Preminger , Keller Rohrback L.L.P., Derek W. Loeser , Keller Rohrback L.L.P., Erin M. Riley , Keller Rohrback L.L.P, Lynn Lincoln Sarko , Keller Rohrback L.L.P. & Sarah H. Kimberly , Keller Rohrback L.L.P..

Alliancebernstein L.P., Defendant, represented by John D. Giansello , Orrick, Herrington & Sutcliffe LLP & Michael Delikat , Orrick, Herrington & Sutcliffe LLP.

United Healthcare Choice Plus Copay Plan For Alliacebernstein L.P., Defendant, represented by John D. Giansello , Orrick, Herrington & Sutcliffe LLP & Michael Delikat , Orrick, Herrington & Sutcliffe LLP.

Alliancebernstein L.P. United Healthcare Indemnity Plan, Defendant, represented by John D. Giansello , Orrick, Herrington & Sutcliffe LLP & Michael Delikat , Orrick, Herrington & Sutcliffe LLP.

United Healthcare Insurance Company, Defendant, represented by Nicholas James Pappas , Weil, Gotshal & Manges LLP.

OPINION & ORDER

KATHERINE B. FORREST, District Judge.

This ERISA action was originally commenced in May 2011. Now, more than three years later, and one trip up to the Circuit and back, this Court again has before it motions by defendants for summary judgment or dismissal as to all remaining claims.1 For the reasons set forth below, those motions are GRANTED in part and DENIED in part.

I. BACKGROUND

Marianne...

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