K. v. United Behavioral Health

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX RICHARD K. and JULIE K., individually and as guardians of K.K., a minor, : Plaintiffs, 18 Civ. 6318 (JPC) (BCM) UNITED BEHAVORIAL HEALTH and OXFORD HEALTH INSURANCE OF NEW YORK / PPO, : Defendants.

JOHN P. CRONAN, United States District Judge: As discussed at the status conference held earlier today, and with the agreement of the parties, the second cause of action in the Amended Complaint is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

In addition, and as also discussed at the conference, the Court sets the following briefing schedule for a “summary trial on a stipulated administrative record.” See Burke v. PriceWaterHouseCoopers LLP Long Term Disability Plan, 572 F.3d 76, 78 (2d Cir. 2009); see also O’Hara vy. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 642 F.3d 110, 116 (2d Cir. 2011). The parties shall file opening briefs by January 19, 2024. Opposition briefs are due by February 9, 2024. After reviewing the submissions, the Court will advise the parties in the event it believes oral argument would be appropriate.

The Clerk of the Court is respectfully directed to lift the stay of this case, which was imposed on July 15, 2019. See Dkt. 52.

SO ORDERED.

Dated: November 15, 2023 Wha é 2 New York, New York JOHN P. CRONAN United States District Judge