Burchett v. CIGNA Group Insurance et al

Filing 10

ORDER signed by Judge Garland E. Burrell, Jr. on 07/11/2011; Status (Pretrial Scheduling) Conference RESET for 11/28/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; joint status report due no later than 14 days prior to conference; motion for partial summary judgment shall be filed no later than August 15, 2011, and noticed for hearing on September 12, 2011. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES BURCHETT,
Plaintiff,

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v.

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LIFE INSURANCE COMPANY OF NORTH
AMERICA, APPLE COMPUTER, INC.,

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Defendants.1
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2:11-cv-00696-GEB-DAD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

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The Joint Status Report filed July 1, 2011 (“JSR”) reveals

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this case is not ready to be scheduled since Defendants state in the JSR

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that they “anticipate[] filing a motion for partial summary judgment to

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establish ERISA preemption of Plaintiff’s ‘breach of agreement’ claim

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against Apple . . . by August 15, 2011,” and that the ruling on ERISA

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preemption will affect the parties discovery and further scheduling.

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(ECF No. 2:20-22, 3:5-7, 3:20-21, 4:11-12.)
Therefore,

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the

Status

(Pretrial

Scheduling)

Conference

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scheduled for hearing on July 18, 2011 is continued to November 28, 2011

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at 9:00 a.m.

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fourteen (14) days prior.

A further joint status report shall be filed no later than

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The caption has been amended according to Plaintiff’s
dismissal of CIGNA Group Insurance and the Doe Defendants. See ECF No.
9.
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Further, Defendants’ referenced motion for partial summary

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judgment shall be filed no later than August 15, 2011, and noticed for

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hearing on September 12, 2011.

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Lastly, since Plaintiff states in the JSR that “the Doe

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defendants may be dismissed,” Does 1 - 100 are dismissed. Id. at 2:6-7.

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IT IS SO ORDERED.
Dated:

July 11, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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