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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID HALL,

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Plaintiff

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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

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On June 5, 2017, Plaintiff filed a motion to determine the standard of review in this ERISA
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case. See Doc. No. 38. Hearing on this motion is set for July 17, 2017, at 1:30 p.m. in Courtroom
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No. 2. See Doc. No. 41.
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On June 30, 2017, the parties filed a stipulation. See Doc. No. 42. The stipulation in part
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provides that: (1) the July 17, 2017 hearing be vacated; (2) the parties agree that, for purposes of
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this case only, the standard of review is de novo; and (3) Plaintiff withdraws his motion to
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determine the applicable standard of review. See id. After consideration, the Court will give
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effect to the parties’ stipulation.

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Accordingly, IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation (Doc.

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No. 42):
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1.

The July 17, 2017 hearing date is VACATED;

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Plaintiff’s motion to determine the applicable standard of review case is DENIED as

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withdrawn; and
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3.

The applicable standard of review in this ERISA case will be the DE NOVO standard.

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IT IS SO ORDERED.
Dated: July 5, 2017
SENIOR DISTRICT JUDGE