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Brazil v. Office of Personnel Management

United States District Court, N.D. California

March 28, 2014

AMELIA BYRNES BRAZIL, Plaintiff,
v.
OFFICE OF PERSONNEL MANAGEMENT, Defendant

Page 1102

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

Page 1104

Re: Dkt. No. 48.

For Amelia Byrnes Brazil, Plaintiff: Elizabeth Katherine Green, Lisa Sue Kantor, LEAD ATTORNEYS, Kantor & Kantor LLP, Northridge, CA.

For Office of Personnel Management, Defendant: Chi Soo Kim, LEAD ATTORNEY, United States Attorney's Office, Sacramento, CA.

For Blue Cross and Blue Shield Association, Amicus: Sandra I. Weishart, LEAD ATTORNEY, Barger & Wolen LLP, Los Angeles, CA; Adam P. Feinberg, PRO HAC VICE, Miller and Chevalier Chartered, Washington, DC.

Page 1105

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WILLIAM H. ORRICK, United States District Judge.

INTRODUCTION

Plaintiff Amelia Byrnes Brazil received medically necessary mental health treatment at a residential facility. Her federal health insurance plan denied coverage because the plan excluded coverage for residential treatment centers, and so she is seeking redress here. Both California and the United States have passed mental health parity laws requiring that treatment limitations for mental health benefits are no more restrictive than those for medical and surgical benefits, but federal law excludes federal insurance plans from their scope. The question I must decide is whether Brazil can overcome defendant Office of Personnel Management's (" OPM" ) assertions of sovereign immunity and preemption in order to address ...


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