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Amerine v. DSW, Inc., 2:16-CV-05792 ODW (PJWx). (2018)

Court: District Court, C.D. California Number: infdco20180416582 Visitors: 14
Filed: Apr. 13, 2018
Latest Update: Apr. 13, 2018
Summary: [PROPOSED] JUDGMENT OTIS D. WRIGHT, II , District Judge . On April 2, 2018, the Court issued its Findings ofFact and Conclusions of Law after the parties simultaneously moved forjudgment, and after the Court ordered on July 10, 2017that this case would be governed by the abuse of discretion standard of review. The Court concluded that Defendants DSW, INC. and DSW, INC. BENEFIT PLAN did not abuse their discretion in denying Plaintiff CHAD AMERINE's claim for benefits for costs associated
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[PROPOSED] JUDGMENT

On April 2, 2018, the Court issued its Findings ofFact and Conclusions of Law after the parties simultaneously moved forjudgment, and after the Court ordered on July 10, 2017that this case would be governed by the abuse of discretion standard of review. The Court concluded that Defendants DSW, INC. and DSW, INC. BENEFIT PLAN did not abuse their discretion in denying Plaintiff CHAD AMERINE's claim for benefits for costs associated with a cochlear implant on the ground that the implant was not medically necessary under the terms of the Plan and its cochlear implant policy.

It is therefore ORDERED, ADJUDGED, and DECREED thatjudgment be entered in favor ofDefendants DSW, INC. and DSW, INC., BENEFIT PLAN, and against Plaintiff CHAD AMERINE.

IT IS SO ORDERED.

Source:  Leagle

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