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MUTH v. SEBELIUS

Case No. SACV 10-01567-CJC(JEMx).

856 F.Supp.2d 1127 (2012)

Jean MUTH, Plaintiff, v. Kathleen SEBELIUS as Acting Secretary of Health and Human Services; and Does 1 through 10, Defendants.

United States District Court, C.D. California, Southern Division.

March 13, 2012.

Attorney(s) appearing for the Case

John Paulo Schafer, Manderson Schafer & McKinlay, Scott Howard Sims, Eagan Avenatti, LLP, Newport Beach, CA, Roxanna Hope Watrous, Bryan Cave LLP, Irvine, CA, for Plaintiff.

Marcus M. Kerner, AUSA-Office of U.S. Attorney, Santa Ana, CA, for Defendants.

MEMORANDUM OF DECISION

CORMAC J. CARNEY, District Judge.

I. INTRODUCTION

On October 14, 2010, Plaintiff Jean Muth filed a complaint seeking review of the determination of Defendant Kathleen Sebelius, Secretary of Health and Human Services ("the Secretary"), that Ms. Muth's Medicare Advantage Plan ("MA plan") provided by Aetna Medicare Golden Choice ("Aetna") did not cover requested prosthodontal services. Ms. Muth's complaint specifically challenges...

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