United States District Court, D. Montana, Butte Division
April 4, 2019, a hearing was conducted on all pending motions
in this case.
the record made in open court, ORDERED:
Plaintiffs Motion for Partial Summary Judgment Re: the Plain
Meaning of "Will Consult With" & Breach of
Contract is DENIED.
Plaintiffs Motion in Limine to Exclude the Testimony of
Michael Ridgeway is GRANTED in part and DENIED in part, as
stated on the record.
Plaintiffs Motion in Limine Re: After-Acquired Evidence &
the Testimony of Morgan Lorio, M.D. is GRANTED in part and
DENIED in part, as stated on the record.
Defendant's Motion for Partial Summary
Judgment is DENIED.
Defendant's Motion in Limine No. 1 to Exclude
Evidence not Before BCBSMT When it Made its Determination
That Plaintiffs In-Patient Rehabilitation Stay at Craig
Hospital was not Medically Necessary is DENIED.
parties having stated on the record that no evidence or
argument of a claim by Plaintiff of financial hardship
resulting from any alleged conduct of Defendant will be
offered at trial, Defendant's Motion in Limine
No. 2 to Exclude Evidence Regarding Financial
Hardship is WITHDRAWN.
parties having stated on the record that neither party will
seek to call Dr. Howard Choi as a witness or to present
evidence at trial of opinions Choi may have, Defendant's
Motion in Limine No. 3 to Exclude References to
Prior Judicial Opinions Regarding Dr. Howard
Defendant's Motion to Exclude the Expert Testimony of
Gregory Munro and Cori Cook is GRANTED.
assist the Court in address and resolution of whether
Defendant acted in violation of the Montana Unfair Trade
Practices Act, Mont. Code Ann. § 33-18-201(4), by
failure to conduct "a reasonable investigation based
upon all available information" before it determined on
August 4, 2016, to deny Plaintiff coverage for inpatient
rehabilitative care at Craig Hospital:
Defendant shall have to and including April 19, 2019, to file
a brief and relevant documents in ...