Noah U. v. Tribune Co. Medical Plan

ORDER DETERMINING THE STANDARD OF REVIEW AND DENYING PLAINTIFF’S MOTION TO STRIKE TRIBUNE’S 2012 PLAN [53]

I. INTRODUCTION

Plaintiff Noah U. 1 brought this case against his insurer, defendant Tribune Company Medical Plan (“the Plan”), after his insurance claim for treatment of his eating disorder was denied. The Court-is presently called upon to decide the applicable standard of review. Also before the Court is Plaintiffs motion to strike the 2012 Plan document pursuant to Federal Rule of Civil Procedure 37. (Dkt.53.) For the reasons discussed below, the Court DENIES Plaintiffs motion and determines that the dé- novo standard of review applies to Plaintiffs case.'

II. BACKGROUND

A. TKé 2012 Plan

The Tribune Company (“Tribune”) maintains the Tribune Company Group Welfare Benefits Plan (the “Plan”) to provide health and welfare benefits to eligible employees. (Dansart Deck, Ex. 1, at TRIBUNE0Q169.) The 2012 Plan document (the “2012 Plan”) provides that though the Plan is administered by Tribune, certain Participating Benefits are administered by an insurance company or other outside entity. (Id. at TRIB-UNEÓ0170.) It further states that documents and notices' required to be…