Koloff v. Metropolitan Life Insurance Company

Filing 35

ORDER re Briefing on Exhaustion of Administrative Remedies signed by Magistrate Judge Jennifer L. Thurston on 1/5/2012. Filing Deadline 1/10/2012.(Attachments: # 1 Consent Form). (Leon-Guerrero, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHEEMA KOLOFF, 12 13 14 Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, 15 Defendant. 16 ) Case No.: 1:11-cv-00195 OWW DLB ) ) ) ORDER RE BRIEFING ON EXHAUSTION OF ) ADMINISTRATIVE REMEDIES ) ) ) ) ) ) 17 18 On January 5, 2012, the Court conducted the settlement conference in this matter. At the 19 time, the issue of Plaintiff’s failure complete an administrative appeal was presented by the 20 parties. The Court expressed an intention to require briefing on topics related to the exhaustion 21 issue and its impact on these proceedings. As a result, counsel conferred with their clients and 22 indicated that they wished to consent to Magistrate Judge jurisdiction for the limited purpose of 23 deciding what would be treated as dispositive motion on this issue. 24 Given this background, and though recognizing that the failure to exhaust administrative 25 remedies is “prudential rather that jurisdictional” (Mack v. Kuckenmeister, 619 F.3d 1010, 1020 26 (9th Cir. 2010), the Court ORDERS: 27 28 1. The parties SHALL brief the following issues: a. Whether Plaintiff failed to exhaust her administrative remedies, 1 1 b. If Plaintiff failed to exhaust her administrative remedies, whether she 2 should be relieved of her obligation to exhaust her administrative 3 remedies, 4 c. If Plaintiff should not be excused from exhausting her administrative 5 remedies, whether the matter should be dismissed or remanded for further 6 administrative proceedings, 7 d. Any other related topics deemed pertinent by counsel. 8 2. Opening briefs SHALL be filed no later than January 27, 2012; 9 3. Responding briefs SHALL be filed no later than February 10, 2012; 10 4. Based upon the oral consent of the parties to the Magistrate Judge’s jurisdiction 11 for this motion only, the telephonic hearing on this motion SHALL occur on 12 February 22, 2012 at 10 a.m. before Magistrate Judge Thurston. The parties’ 13 request to appear via teleconference is GRANTED. Counsel SHALL determine 14 which of them will initiate the conference call. Once all counsel are on the line, 15 the call SHALL be placed to chambers at (661) 326-6624; 16 5. 17 18 Counsel are ORDERED to file their consent to the Magistrate Judge jurisdiction for the limited purpose of this motion, no later than January 10, 2012; 6. The Clerk of the Court is DIRECTED to provide a copy to the parties of the 19 Magistrate Judge the modified “consent form” reflecting the limited purpose 20 consent. 21 IT IS SO ORDERED. 22 Dated: January 5, 2012 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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