Hall v. Blue Cross Blue Shield of Illinois

Filing 43

Order VACATING hearing and Order on stipulation setting standard for review, signed by District Judge Anthony W. Ishii on 7/5/2017. The July 17, 2017 hearing date is VACATED. (Rosales, O)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 DAVID HALL, 5 Plaintiff 6 7 8 CASE NO. 1:16-CV-1909 AWI SKO ORDER VACATING HEARING AND ORDER ON STIPULATION SETTING STANDARD FOR REVIEW v. BLUE CROSS BLUE SHIELD OF ILLINOIS, (Doc. Nos. 38, 42) Defendants 9 10 On June 5, 2017, Plaintiff filed a motion to determine the standard of review in this ERISA 11 case. See Doc. No. 38. Hearing on this motion is set for July 17, 2017, at 1:30 p.m. in Courtroom 12 No. 2. See Doc. No. 41. 13 On June 30, 2017, the parties filed a stipulation. See Doc. No. 42. The stipulation in part 14 provides that: (1) the July 17, 2017 hearing be vacated; (2) the parties agree that, for purposes of 15 this case only, the standard of review is de novo; and (3) Plaintiff withdraws his motion to 16 determine the applicable standard of review. See id. After consideration, the Court will give 17 effect to the parties’ stipulation. 18 Accordingly, IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation (Doc. 19 No. 42): 20 1. The July 17, 2017 hearing date is VACATED; 2. Plaintiff’s motion to determine the applicable standard of review case is DENIED as 21 22 withdrawn; and 23 3. The applicable standard of review in this ERISA case will be the DE NOVO standard. 24 25 26 27 28 IT IS SO ORDERED. Dated: July 5, 2017 SENIOR DISTRICT JUDGE

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