Williams v. Sun Life Assurance Company of Canada et al

Filing 63

ORDER submitting the trial of the matter on the written briefs and the administrative record, without the need for oral argument. signed by Chief Judge Anthony W. Ishii on 1/26/10. (Nazaroff, H)

Steven M. McQuillan, No. 107339 JACOBSON, HANSEN, NAJARIAN & McQUILLAN A Professional Corporation 1690 W. Shaw Avenue, Suite 201 Fresno, California 93711 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, LAURA WILLIAMS LINDA CLAXTON, State Bar No. 125729 [e-mail] ERIC MATHISEN, Indiana Bar No. 19475-71 [e-mail] OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 633 West Fifth Street, 53rd Floor Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] Attorneys for SUN LIFE ASSURANCE COMPANY OF CANADA and COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA dba COMMUNITY MEDICAL CENTERS EMPLOYEE BENEFIT PLAN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LAURA WILLIAMS, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, SUN LIFE FINANCIAL, COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA dba COMMUNITY MEDICAL CENTERS EMPLOYEE BENEFIT PLAN and DOES 1-10 Defendants. Case No.: 1:08-CV-00405-AWI-DLB STIPULATION AND ORDER

Plaintiff filed her Complaint under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001 et seq. (hereafter "ERISA"), seeking recovery of long term disability benefits. Trial is currently scheduled for February 3, 2010. Pursuant to the October 16, 2009 Scheduling Order, Defendants filed their Trial Brief on

November 2, 2009. Plaintiff Laura Williams has filed her Trial Brief on December 16, 2009. Defendants' Response/Reply Brief was filed on January 15, 2010 and Plaintiff will file her Reply Brief on or before January 29, 2010. The parties through their respective counsel have conferred and agree that the most cost effective and expedient manner for resolution of the dispute is to waive oral argument and submit the case for decision after the filing of trial briefs on the administrative record. WHEREFORE, the parties request the Court's approval for judicial review on the respective trial briefs and the administrative record without oral argument. Dated: January 26, 2010 JACOBSON, HANSEN, NAJARIAN & MCQUILLAN By: /s/ STEVEN M. McQUILLAN Steven Michael McQuillan Attorney for Plaintiff, LAURA WILLIAMS

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ ERIC MATHISEN Eric Mathisen Attorney for Defendant, SUN LIFE ASSURANCE COMPANY OF CANADA and COMMUNITY HOSPITALS OF CENTRAL CALIFORNIA dba COMMUNITY MEDICAL CENTERS EMPLOYEE BENEFIT PLAN

ORDER IT IS SO ORDERED.

Dated: 0m8i78

January 26, 2010

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE