Robert P. Heffner, Jr. v. Blue Cross Blue Shield

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
FEB 25, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-11768
________________________
D. C. Docket No. 00-00900-CV-H-N
ROBERT P. HEFFNER, JR.,
Individually, and on behalf of all those
similarly situated,
Plaintiff-Counter-
Defendant-Appellant,
DEBBIE R. HEFFNER,
Individually and on behalf of all those
similarly situated,
Plaintiff,
versus
BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC.,
Defendant-Counter-
Claimant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Alabama
_________________________
(February 25, 2010)

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Before TJOFLAT, PRYOR and MARTIN, Circuit Judges.
PER CURIAM:
Robert Heffner appeals the summary judgment in favor of Blue Cross and
Blue Shield and against Heffner’s complaint under the Employee Retirement
Income Security Act. In an earlier interlocutory appeal, we vacated an order that
had certified a class action, and we remanded for further proceedings. Heffner v.
Blue Cross & Blue Shield of Ala., Inc., 443 F.3d 1330, 1346 (11th Cir. 2006). The
district court concluded on remand that Heffner did not rely on the no deductible
language in the summary plan description, and Heffner does not contest that ruling
on appeal. After careful review of the briefs and the record, and after hearing oral
argument, we AFFIRM for the reasons expressed in the well-reasoned opinion of
the district court.
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