Barling

AMENDED ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

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 to his document requests. He brings this claim only on his own behalf.

The parties have agreed that the Court should consider cross-motions for summary judgment on both claims before entertaining a motion for class certification on the first one. With respect to the first claim, Barling’s motión is granted and the defendants’ cross motion is denied. With respect to the second claim, Barling’s motion is granted and the defendants’ cross-motion is denied.

The Benefits Claim

The Plan provides health benefits to certain retirees who are members of the United Food and. Commercial Workers Union. When the retirees don’t have other…