Koloff v. Metropolitan Life Insurance Company

Filing 42

ORDER Vacating 39 January 17, 2012 Order; Order Reassigning the Matter to the Magistrate Judge for the Limited Purpose of Determining the Dispositive Motion Related to Plaintiff's Alleged Failure to Exhaust the Administrative Remedies signed by Chief Judge Anthony W. Ishii on 01/24/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SHEEMA KOLOFF,

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Plaintiff,
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v.
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METROPOLITAN LIFE INSURANCE
COMPANY,

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Defendant.

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Case No.: 1:11-cv-00195 AWI DLB
ORDER VACATING JANUARY 12, 2012
ORDER
ORDER REASSIGNING THE MATTER TO
THE MAGISTRATE JUDGE FOR THE
LIMITED PURPOSE OF DETERMINING THE
DISPOSITIVE MOTION RELATED TO
PLAINTIFF’S ALLEGED FAILURE TO
EXHAUST THE ADMINISTRATIVE
REMEDIES

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On January 5, 2012, the assigned Magistrate Judge conducted the settlement conference

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in this matter. At the time, the issue of Plaintiff’s failure to complete an administrative appeal

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was presented by the parties. The Court expressed an intention to require briefing on topics

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related to the exhaustion issue and its impact on these proceedings. As a result, counsel

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conferred with their clients and indicated that they wished to consent to Magistrate Judge

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jurisdiction for the limited purpose of deciding what would be treated as dispositive motion on

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this issue.

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On January 9, 2012, the parties filed their consent to the Magistrate Judge for the limited

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purpose of deciding the motion described above. (Docs. 37, 38) Due to administrative error, on

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January 17, 2012, the court re-assigned this action to the Magistrate Judge for all purposes. As

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this was not the parties’ intent, the court will vacate the January 17, 2012 order and refer only the
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agreed upon motion to the Magistrate Judge.

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Therefore, IT IS HEREBY ORDERED that:

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1.

The January 17, 2012 order is VACATED;

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2.

The motion related to Plaintiff’s alleged failure to exhaust her administrative

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remedies (Doc. 35) is assigned to the docket of Magistrate Judge JENNIFER L.

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THURSTON as Presiding Judge, under Title 28, U.S.C. Sec. 636(c)(1), to

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conduct all proceedings related thereto up to and including entry of final

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judgment; and

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3.

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ALL FUTURE PLEADINGS SHALL CONTINUED TO BE NUMBERED:
1:11-cv-00195- AWI- JLT

IT IS SO ORDERED.

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Dated:
9h0d30

January 24, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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