La Ley Recovery Systems-OB, Inc. v. UnitedHealthcare Insurance Company, No. 15-13857 (11th Cir. 2016)

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Case: 15-13857 Date Filed: 07/12/2016 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-13857 Non-Argument Calendar ________________________ D.C. Docket No. 1:14-cv-23451-CMA LA LEY RECOVERY SYSTEMS-OB, INC., Plaintiff-Appellant, versus UNITEDHEALTHCARE INSURANCE COMPANY, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 12, 2016) Before ED CARNES, Chief Judge, WILLIAM PRYOR and FAY, Circuit Judges. PER CURIAM: UnitedHealthcare Insurance paid Dr. Olivio Blanco, Jr. less than what he requested in compensation for medical services he provided to a participant in an Case: 15-13857 Date Filed: 07/12/2016 Page: 2 of 2 employee health benefit plan administered by UnitedHealthcare. La Ley Recovery Systems-OB purchased Dr. Blanco’s claim and sued UnitedHealthcare. Construing the action as one under the Employee Retirement Income Security Act of 1974, the district court granted summary judgment to UnitedHealthcare on the ground that Dr. Blanco and La Ley had failed to exhaust the administrative remedies available under the plan. La Ley appeals that judgment. After reviewing the record and the parties’ briefs, we affirm the district court’s grant of summary judgment to UnitedHealthcare for the reasons given in the district court’s thorough opinion of June 28, 2015. AFFIRMED. 2

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