Placido v. The Prudential Insurance Company of America et al

Filing 38

CASE MANAGEMENT SCHEDULING ORDER IN RECOVERY-OF-BENEFITS ACTION UNDER ERISA. Signed by Judge Alsup on January 21, 2010. (whalc1, COURT STAFF) (Filed on 1/22/2010) Modified on 1/22/2010 (whalc1, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA; NORTEL NETWORKS LONG TERM DISABILITY PLAN, Defendants. / CASE MANAGEMENT ORDER IN RECOVERY-OF-BENEFITS ACTION UNDER ERISA LORRAINE PLACIDO, Plaintiff, No. C 09-00668 WHA FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT

After a case management conference, the Court enters the following order pursuant to Rule 16 of the Federal Rules of Civil Procedure ("FRCP") and Civil Local Rule 16-10: 1. All initial disclosures under FRCP 26 must be completed by JANUARY 29, 2010, on pain of preclusion under FRCP 37(c). 2. Leave to add any new parties or pleading amendments must be sought by FEBRUARY 26, 2010. 3. This is an action to recover disability benefits under ERISA. A threshold question is the extent to which the "administrative record" should be augmented and/or discovery allowed. To tee up this issue, the following procedure will be used. On APRIL 18, 2010, defendant shall file the "administrative record" and its motion for summary judgment to be heard on a 35-day track. In this submission, please include a detailed

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 4.

declaration explaining what is and is not in the "administrative record" and the manner and guidelines by which it was compiled. Then, plaintiff's opposition and any request for discovery shall be filed THREE WEEKS before the hearing with any reply thereto
TWO WEEKS before

the hearing. Reply declarations will be disfavored.

Depending on the outcome of the summary-judgment motion, this case may or may not proceed further. If it does, a further case management order will issue. A further case management conference is set for JUNE 3, 2010 at 11:00 A.M. After the case is over, please fill out the appended "Suggestions Box" memo on an anonymous basis and send to Judge William Alsup, United States District Court, 450 Golden Gate Avenue, San Francisco, California 94102. Your constructive criticism will be most appreciated.

IT IS SO ORDERED.

Dated: January 21, 2010

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 6. 5. Trials -- 4. 3. Motion practice -- 2.

SUGGESTIONS BOX Judge Alsup invites views of any counsel or party on how to improve the administration of justice in his courtroom. Please offer as much constructive criticism as you wish. (If there is any practice you particularly wish to stay in place, such comments would also be welcome.) Please do not identify yourself or your firm. Please comment on: 1. Case management --

Disclosure and discovery --

Class actions and derivative actions --

Fairness, bias, temperament, efficiency and demeanor --

Is there anything else about our district court you would like to improve?

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