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N.Y. STATE PSYCHIATRIC ASS'N v. UNITEDHEALTH GRP.

No. 13 Civ. 1599 CM.

980 F.Supp.2d 527 (2013)

NEW YORK STATE PSYCHIATRIC ASSOCIATION, INC., in a representational capacity on behalf of its members and their patients, Michael A. Kamins, on his own behalf and on behalf of his beneficiary son, and on behalf of all other similarly situated health insurance subscribers, Jonathan Denbo, on his own behalf and on behalf of all other similarly situated health insurance subscribers, Brad Smith, on his own behalf and on behalf of his beneficiary son, and on behalf of all other similarly situated health insurance subscribers, Jordan Olin, on his own behalf and on behalf of his beneficiary son, and on behalf of all other similarly situated health insurance subscribers, and Julie Ann Allender, Ed.D., and Shelly Menolascino, M.D., on their own behalf and in a representational capacity on behalf of their beneficiary patients and on behalf of all other similarly situated providers and their patients, Plaintiffs, v. UNITEDHEALTH GROUP, UHC Insurance Company, United Health-Care Insurance Company of New York, United Behavioral Health, Defendants.

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

October 31, 2013.

Attorney(s) appearing for the Case

Anthony Frank Maul, Donn Brian Hufford, Jason Samuel Cowart, Robert J. Axelrod, Brian Lee Poulter, Pomerantz Grossman Hufford Dahlstrom & Gross LLP, New York, NY, Meiram Bendat, Psych-Appeal, Inc., Pro Hac, Vice, West Hollywood, CA, Heather Michelle-Mason McKeon, Michael Lee Cohen, Cohen McKeon LLP, Los Angeles, CA, for Plaintiffs.

Andrew John Holly, Michelle S. Grant, Stephen Paul Lucke, Dorsey & Whitney, LLP, Minneapolis, MN, Elizabeth Rozon Baksh, Richard Howard Silberberg, Dorsey & Whitney LLP, New York, NY, for Defendants.

DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

McMAHON, District Judge:

PRELIMINARY STATEMENT

This is essentially a denial of benefits case under the Employee Retirement Income Security Act ("ERISA") (29 U.S.C. § 1001 et. seq). It is brought by a polyglot group of unrelated plaintiffs who either (1) applied to their employer-sponsored health plans (and in one case...

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