Brian H. v. Blue Shield of California

Good Law
United States District Court, Northern District of CaliforniaSeptember 26, 20193:17-cv-03095California642 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 BRIAN H., et al., Case No. 17-cv-03095-MMC

Plaintiffs,

ORDER OVERRULING PLAINTIFFS’

v. OBJECTION TO DEFENDANT

CALIFORNIA PHYSICIANS’ SERVICE

CALIFORNIA PHYSICIANS’ SERVICE DBA BLUE SHIELD OF dba BLUE SHIELD OF CALIFORNIA, et CALIFORNIA’S BILL OF COSTS al., Re: Dkt. No. 123 Defendants.

12 Before the Court is plaintiffs’ Objection, filed September 4, 2019, “to defendant 13 California Physicians’ Service dba Blue Shield of California’s [“Blue Shield”] Bill of Costs.” 14 Blue Shield has filed a Response thereto. Having read and considered the parties’ 15 respective written submissions, the Court rules as follows: 16 Plaintiffs contend Blue Shield “improperly relied on Federal Rule of Civil Procedure 17 54(d)(1), rather than the governing ERISA statute 29 U.S.C. 1132(g).” (See Pls.’ Obj. at 18 1:26-27). Contrary to plaintiffs’ argument, however, the Ninth Circuit, in Quan v. 19 Computer Sciences Corp., has found Rule 54(d)(1) is not supplanted by § 1132(g). See…

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