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Z.D. EX REL. J.D. v. GROUP HEALTH COOPERATIVE

No. C11-1119RSL.

829 F.Supp.2d 1009 (2011)

Z.D., by and through her parents and guardians, J.D. and T.D., individually, on behalf of the Technology Access Foundation Health Benefit Plan, and on behalf of similarly situated individuals, Plaintiffs, v. GROUP HEALTH COOPERATIVE; Group Health Options, Inc.; and the Technology Access Foundation Health Benefit Plan, Defendants.

United States District Court, W.D. Washington, at Seattle.

November 4, 2011.

Attorney(s) appearing for the Case

Richard E. Spoonemore , Eleanor Hamburger , Sirianni Youtz Spoonemore , Seattle, WA, for Plaintiffs.

Charles S. Wright , Nigel P. Avilez , Davis Wright Tremaine (SEA), Seattle, WA, for Defendants.

ORDER DENYING DEFENDANTS' 12(b)(6) MOTION TO DISMISS

ROBERT S. LASNIK, District Judge.

This matter comes before the Court on "Defendants' Motion to Dismiss" (Dkt. #7). Defendants contend that dismissal with prejudice is warranted because (1) Plaintiffs failed to exhaust their internal appeal rights; (2) Group Health's denial of benefits was consistent with the language of the Plan; (3) Plaintiffs do not allege...

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