Griffin v. General Mills, Inc.

157 F. Supp. 3d 1350, 2016 U.S. Dist. LEXIS 10501, 2016 WL 354431
CourtDistrict Court, N.D. Georgia
DecidedJanuary 15, 2016
DocketCIVIL ACTION NO. 1:15-CV-0268-AT
StatusPublished
Cited by3 cases

This text of 157 F. Supp. 3d 1350 (Griffin v. General Mills, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. General Mills, Inc., 157 F. Supp. 3d 1350, 2016 U.S. Dist. LEXIS 10501, 2016 WL 354431 (N.D. Ga. 2016).

Opinion

ORDER

Amy Totenberg, United States District Judge

This is a tale about what can go sadly wrong when a competent individual seeks to pursue a case pro se in a complex area of the law. Dr. Griffin believed she was underpaid by $92.00 for medical services administered to the beneficiary of a General Mills employee benefit plan. That plan is governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. ch. 18 (2012), notoriously labyrinthine legislation.

Dr. Griffin thought she had a valid assignment of rights and benefits from her patient. It turns out she did not, because the' plan documents contain a valid anti-assignment clause. She could not have known that before filing the lawsuit, though, because no one would send her the plan documentation — despite her multiple attempts. And, based on the assignment, she thought she had the right to ask for the plan documentation, and also to seek statutory penalties, against General Mills, the plan administrator, when her document requests to the claims administrator went unanswered. Dr. Griffin did not know who was who, though, because she was never given the plan documentation. As a result, she sought $92.00 in unpaid medical bills and $89,210.00 in statutory penalties against General Mills.

Dr. Griffin filed a number of other cases raising similar claims against similarly-situated corporate defendants.1 All of the cases were based upon the same form assignment of benefits that Dr. Griffin has her patients execute as a condition of service, and all of the statutory penalties requests flowed from the same violation: failure to produce the plan documentation upon request. On March 12, 2015,- this Court held in one of the other cases that Dr. Griffin was not entitled to statutory penalties because she requested the plan documentation from the wrong party (the claims administrator rather than the plan administrator). See Griffin v. Blue Cross and Blue Shield Healthcare Plan of Ga., Inc., et al., No. 1:14-cv-1610-AT, Doc. 26 at 6-8 (N.D. Ga. filed March 12, 2015).

[1352]*1352As it turned out, she alleged in every single case that she sought plan documentation from the claims administrator. And, in almost every single case, the plan had a valid anti-assignment provision. Again, though, not that she would have known who the plan administrator was or that the plan had an anti-assignment clause in it, because no one would answer her document requests.2

General Mills filed its Motion to Dismiss in this case on February 18, 2015. (Doc. 4.) In it, General Mills successfully argued that the plan contained a valid anti-assignment provision that precluded Plaintiff from stating a claim under the statute. The matter was dismissed on May 13, 2015, (Doc. 11), and the Eleventh Circuit affirmed the dismissal on December 29, 2015. (Doc. 18.) General Mills now seeks $3,361.05 in attorney’s fees pursuant to 29 U.S.C. § 1132(g), ERISA’s fee-shifting provision. (Doc. 16.)

A few other pieces of background information are relevant to Defendant’s request for fees. First, Defendant has provided evidence that it twice sought to settle this case for the full $92.00 in allegedly unpaid benefits. (Docs, 16-2 at 6; 16-3 at 13.) Defendant made its first offer on February 11, 2015, before the Court held in the other case that Dr. Griffin was not entitled to statutory penalties, and before Defendant filed its motion to dismiss this case. (Doc. 16-2 at 5-6.) Defendant made its second offer — in the form of a Rule 68 Offer of Judgment — on March 24, 2015, after the Court had held that Dr. Griffin was not entitled to statutory penalties. (Doc. 16-3 at 13.) In the second offer, Defendant offered to pay pre-judgment interest and Plaintiffs district court filing fees as well as the allegedly unpaid benefits — for a total offer of $493.00. (Doc. 16-3 at 13.) Dr. Griffin rejected Defendant’s $493.00 offer and apparently indicated that the claim was worth far more based on her view that she was entitled to statutory penalties.3 Weeks after Dr. Griffin declined the second offer, the Court dismissed all of Plaintiffs claims in this case. (Doc. 11.) Dr. Griffin consistently participated in motion practice in all of her cases, but she did not respond to Defendant’s pending Motion for an Award of Attorney’s Fees.

I. ENTITLEMENT TO FEES

Defendants seek attorney’s fees only under ERISA’s fee-shifting provision. Pursuant to ERISA’s fee-shifting provision, a district court, “in its discretion may allow a reasonable attorney’s fee and costs of action to either party,” 29 U.S.C. § 1132(g)(1) (2012), if that party achieved “some degree of success on the merits.” Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242, 255, 130 S.Ct. 2149, 176 L.Ed.2d 998 (2010). This standard requires more than “trivial success on the merits” or a “purely procedural victory.” Id.

Once it is established that a party-had “some degree” of success, the Elev[1353]*1353enth Circuit “require[s] district courts to consider five factors when deciding whether to award fees to a prevailing party:

(1) the degree of the opposing parties’ culpability or bad faith;
(2) the ability of the opposing parties to satisfy an award of attorney’s fees;
(3) whether an award of attorney’s fees against the opposing parties would deter other persons acting under similar circumstances;
(4) whether the parties requesting attorney’s fees sought .to benefit all participants and beneficiaries of an ERISA plan or to resolve a significant legal question regarding ERISA itself; [and]
(5) the relative merits of the parties’ positions.”

AirTran Airways, Inc. v. Elem, 767 F.3d 1192, 1201 (11th Cir.2014) (quoting Freeman v. Continental Ins. Co., 996 F.2d 1116, 1119 (11th Cir.1993)). “No one of these factors'is necessarily decisive, and some may not be apropos in a given casé, but together they are the nuclei of concerns that a court should address in applying Section 602(g).” Iron Workers Local No. 272 v. Bowen, 624 F.2d 1256, 1266 (5th Cir.1980).4

While no factor is decisive and some may not be apropos, there may be other factors that a Court should consider in a particular case. As explained by the current Fifth Circuit,

Bowen makes clear that ... the list of five factors to be considered in an ERISA § 502(g) attorneys’ fees case is a non-exhaustive, ejusd'em■ generis■ list (“[A] court should consider such factors as the following [five factors].... [I]n any individual case, however, other considerations may be relevant as well”).

Riley v. Adm’r of Supersaver 401K Capital Accumulation Plan for Employees of Participating AMR Corp. Subsidiaries, 209 F.3d 780

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Bluebook (online)
157 F. Supp. 3d 1350, 2016 U.S. Dist. LEXIS 10501, 2016 WL 354431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-general-mills-inc-gand-2016.