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Chorosevic v. MetLife Choices

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Submitted: December 15, 2009

Before RILEY, Chief Judge,*fn1 WOLLMAN, and MELLOY, Circuit Judges.

Appellant Lawrence Chorosevic pursues this ERISA*fn2 action on behalf of himself and others similarly situated, alleging that Appellees improperly calculated secondary health benefits owed to him for services rendered in 2004. The district court*fn3 denied class certification and granted Appellees’ motion for summary judgment due to Chorosevic’s failure to exhaust available administrative remedies. Chorosevic argues that the district court erred by denying class certification, denying further class discovery, granting Appellees’ motion for leave to file answers out-of-time, and granting summary judgment. For the following reasons, we affirm.

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