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POTTS v. RAWLINGS CO., LLC

No. 11 Civ. 9071(JPO).

897 F.Supp.2d 185 (2012)

Sylvia POTTS, Roland Lyons, and Loretha Smith, individually and on behalf of all others similarly situated, Plaintiffs, v. The RAWLINGS COMPANY, LLC, Ingenix Inc., Emblem Health Company LLC, HIP of New York, Inc., Ovations Inc., Oxford Health Plans (N.Y.), Inc., and UnitedHealth Group, Incorporated, Defendants.

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

September 25, 2012.

Attorney(s) appearing for the Case

Frank Rocco Schirripa, Michael A. Rose, Hach Rose Schumacher Schirripa & Cheverie LLP, New York, NY, Neil Stuart Torczyner, Steven Jay Harfenist, Freidman, Harfenist, Kraut & Perlstein, Lake Success, NY, for Plaintiffs.

Richard W. Cohen, Gerald Lawrence, Uriel Rabinovitz, Lowey Dannenberg Cohen & Hart, P.C., White Plains, NY, for Defendants The Rawlings Company LLC, Emblem Health Company LLC, and HIP of New York, Inc.

Charles E. Bachman, O'Melveny & Myers LLP, New York, NY, Bryan D. Boyle, Theresa S. Gee, Washington, DC, for Defendants UnitedHealth Group Incorporated, Ingenix, Inc., Ovations Inc., and Oxford Health Plans (NY), Inc.

MEMORANDUM OPINION AND ORDER

J. PAUL OETKEN, District Judge:

This case is a putative class action by enrollees in Medicare Advantage plans

[897 F.Supp.2d 188]
seeking a declaratory judgment that, pursuant to New York State General Obligation Law § 5-335 ("GOL § 5-335"), the Defendant Medicare Advantage organizations and their agents do not have a right to seek reimbursement of monies that Plaintiffs received in...

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