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W.E. Aubuchon Co. v. BeneFirst, LLC

United States District Court for the District of Massachusetts
245 F.R.D. 38 (2007)


W.E. Aubuchon Co. and related companies (Aubuchon) (plaintiffs) hired BeneFirst, LLC (BeneFirst) (defendant) to investigate and pay medical-benefit claims made on behalf of Aubuchon employees. BeneFirst instituted a process by which medical providers submitted requests for payment on claim forms. The claim forms were processed and retained for 60 days, at which point they were electronically scanned and then destroyed. Aubuchon sued BeneFirst, claiming that BeneFirst breached its fiduciary duty to Aubuchon. Aubuchon sought discovery requiring BeneFirst to produce its medical-claim files. When BeneFirst failed to produce them, Aubuchon brought a motion to compel, which the court granted. BeneFirst estimated it would take about 4,000 hours and $8,000.00 to retrieve all 34,112 claim forms. Aubuchon agreed to reduce its request to about 3,000 claim forms. BeneFirst moved for reconsideration of the court’s order to produce the claim forms.

Rule of Law


Holding and Reasoning (Hillman, J.)

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