Rosen v. UNUM Provident Corporation

Filing 31

MEMORANDUM OPINION AND ORDER The court's scheduling order is AMENDED to grant Rosen until December 19, 2014, to complete discovery limited to evidence bearing on Providents motion for partial summary judgment, and to file a brief and evidentiary materials in opposition to Providents said motion. Provident shall then have ten calendar days in which to respond to Rosen's said opposition. Signed by Judge William M Acker, Jr on 11/17/14. (SAC )

FILED
2014 Nov-17 PM 02:16
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LAWRENCE ROSEN, M.D.,
Plaintiff,
v.
PROVIDENT LIFE AND ACCIDENT
INSURANCE COMPANY,
Defendant.

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CIVIL ACTION NO.
2:14-cv-0922-WMA

MEMORANDUM OPINION AND ORDER
On November 14, 2014, the court conducted a hearing on the
motion

of

plaintiff,

Lawrence

Rosen,

M.D.,

to

strike

the

declaration of Roxanne Kaminisky, submitted by defendant, Provident
Life and Accident Insurance Company (“Provident”), in support of
its motion

filed

on September

26,

2014, for

partial

summary

judgment on its contention that all of Rosen’s state law claims are
preempted by ERISA.
Because the court concluded that the scheduling order of July
22, 2014, did not give Rosen sufficient time to conduct his
discovery relevant to the crucially important ERISA preemption
issue, the order of July 22, 2014, is hereby AMENDED so as to grant
Rosen until December 19, 2014, to complete discovery limited to
evidence
judgment,

bearing
and

to

on

Provident’s

file

a

brief

motion
and

for

partial

evidentiary

summary

materials

in

opposition to Provident’s said motion.

Provident shall then have

ten

respond

(10)

calendar

days

in

which

to

to

Rosen’s

said

opposition, after which Provident’s motion and Rosen’s motion to
strike the declaration of Kaminisky, will be taken under submission
without oral argument, unless the court finds that oral argument
will be helpful. This order does not prevent Rosen from filing his
opposition brief and evidence earlier than December 19, 2014.
The motion to extend the discovery deadline filed jointly by
the parties on November 14, 2014, to the extent it has not been
addressed in the above paragraphs, will be ruled upon after the
court rules on the ERISA preemption issue.

In the event the court

denies Provident’s motion for partial summary judgment, the motion
for an extension will be well taken.
prepared

to

predict

with

exactitude

However, the court is not
when

it

Provident’s motion for partial summary judgment.

will

rule

on

In the meantime,

discovery shall be limited to the ERISA preemption issue.
DONE this 17th day of November, 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE