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SIBLEY-SCHREIBER v. OXFORD HEALTH PLANS (N.Y.)

No. 98 CV 3671.

62 F.Supp.2d 979 (1999)

Paul SIBLEY-SCHREIBER, Sajid Shah, Sheldon Friedman, and Edward Gallardo, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. OXFORD HEALTH PLANS (N.Y.), INC., Oxford Health Insurance, Inc., John Doe Number 1, individually and in his fiduciary capacity as Plan Administrator of Oxford Health Plans (N.Y.), Inc., and John Doe Number 2, individually and in his fiduciary capacity as Plan Administrator of Oxford Health Insurance, Inc., Defendants.

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

August 23, 1999.

Attorney(s) appearing for the Case

Steven Cooper & Jordan W. Siev & Alan Arkin, Anderson Kill & Olick, P.C., New York City, Steven Fineman, Lieff, Cabraser, Heimann & Bernstein, LLP, New York City, Jaqueline E. Mottek, San Francisco, CA, Robert A. Swift & William E. Hoese, Kohn, Swift & Graf, P.C., Philadelphia, PA, for Plaintiffs.

Frederick E. Sherman & Jayant W. Tambe, New York City, Willis J. Goldsmith, Jones, Day, Reavis & Pogue, Washington, DC, Joseph L. Clasen, Robinson & Cole, LLP, Stanford, CT, for Defendants.

MEMORANDUM & ORDER

DEARIE, District Judge.

Defendants move to dismiss plaintiffs' complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure based upon plaintiffs' alleged failure to exhaust the administrative claims process provided by their insurance plans. Defendants also request that attorney fees be awarded pursuant to 29 U.S.C. § 1132(g)(1). Plaintiffs argue that they are excused from the exhaustion requirement on the basis...

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