Clay v. AT&T Communications of California, Inc. et al

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2012 ORDERING that within fourteen (14) days of the date of service of this order, defendants shall file a declaration by a knowledgeable person identifying the source from which short-ter m disability ("STD") benefits under the AT&T West Disability Benefits Program are initially paid. Plaintiff may file an appropriate response to defendants' declaration within seven (7) days of service with defendants' declaration, after which the motion will be submitted on the record. The parties shall not file any further supplemental briefing other than the limited filings required and/or authorized above. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME CLAY,

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Plaintiff,

No. 2:12-cv-2027 JAM KJN PS

v.
AT&T COMMUNICATIONS OF
CALIFORNIA, INC. et al.,

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Defendants.
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ORDER
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Plaintiff’s motion to remand the action to state court (dkt. no. 10) came on for

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hearing before the undersigned on October 18, 2012. (Dkt. No. 18.) In light of the discussion at

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the hearing, IT IS HEREBY ORDERED that:

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1. Within fourteen (14) days of the date of service of this order, defendants shall

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file a declaration by a knowledgeable person identifying the source from which short-term

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disability (“STD”) benefits under the AT&T West Disability Benefits Program are initially paid.

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In particular, the declaration shall clarify whether: (1) the STD payments are paid directly from

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the Voluntary Employees’ Beneficiary Association (“VEBA”) trust to the employee (or paid

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from the VEBA trust to Pacific Bell or AT&T’s payroll account(s), which thereafter direct

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payment to the employee via the eLink payroll system, i.e., with the payroll account(s) serving

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merely as a conduit for payments from the VEBA trust), OR (2) the STD payments are advanced
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and paid initially from Pacific Bell or AT&T’s general assets or payroll accounts via the eLink

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payroll system, with Pacific Bell or AT&T subsequently obtaining reimbursement from the

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VEBA trust.

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2. Plaintiff may file an appropriate response to defendants’ declaration within

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seven (7) days of service with defendants’ declaration, after which the motion will be submitted

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on the record.

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3. The parties shall not file any further supplemental briefing other than the
limited filings required and/or authorized above.
IT IS SO ORDERED.
DATED: October 18, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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