Anderson v. Lawrence Livermmore National Security Health and Welfare Benefit Plan for Employees et al

Filing 22

SCHEDULING ORDER Last day for hearing Motions to Augment the Record by 6/11/2012. Deadline for filing Administrative Record due by 3/19/2012. Motion Hearing set for 9/24/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 2/1/12. (sis, COURT STAFF) (Filed on 2/1/2012)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
SAN FRANCISCO DIVISION
United States District Court
For the Northern District of California

10
NO. C 11-03865 JW

Denise Anderson,
11

SCHEDULING ORDER

Plaintiff,
12
13

v.
Lawrence Livermmore Nat’l Sec. Health and
Welfare Benefit Plan for Emps., et al.,

14
Defendants.
/

15
16

This case is scheduled for a Case Management Conference on February 6, 2012. Pursuant to
17
the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly
18
submitted a Joint Case Management Statement and Proposed Order. (See Docket Item No. 19.)
19
In their Joint Statement, the parties propose a discovery deadline but do not request any
20
specific discovery. Because this is an appeal of a denial of ERISA benefits, the Court need only
21

evaluate the administrative record. Limited discovery is available in certain circumstances.1

22
However, the parties have failed to provide the Court with sufficient information in their Joint
23
Statement to determine whether discovery is necessary. Accordingly, the Court declines to set a
24
discovery schedule at this time. Should either party wish to conduct discovery, the party must move
25
the Court for leave to do so and must specifically identify the discovery sought.
26
27
28

1

See Employee Retirement Income Security Act of 1974, 29 U.S.C §§ 1001 et seq.

1

The parties also propose a schedule for a bench trial. The Court finds that the setting of a

2

bench trial would be premature without first setting a schedule for cross-motions for summary

3

judgment. Thus, the Court declines to schedule a trial at this time.

4

Based on the nature of the case and the dates provided in the parties’ Joint Statement, the

5

Court finds that a schedule can be set for this case without the necessity of an appearance at this

6

time. Accordingly, the Case Management Conference is VACATED and the parties are ordered to

7

comply with the following schedule:

8
9

CASE SCHEDULE
March 19, 2012

10
United States District Court
For the Northern District of California

Deadline for Filing Administrative Record
Last Day for Hearing Motions to Augment the Record

June 11, 2012

11

Hearing on Anticipated Cross-Motions for Summary
Judgment

September 24, 2012 at 9 a.m.

12
13

None of the dates set in this Order may be changed without an order of the Court made after

14

a motion is filed pursuant to the Civil Local Rules of Court. All motions shall be briefed in

15

accordance with the Civil Local Rules.

16
17

Dated: February 1, 2012
JAMES WARE
United States District Chief Judge

18
19
20
21
22
23
24
25
26
27
28

2

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Elizabeth Katherine Green [e-mail]
Eric Conrad Schaffer [e-mail]
Katherine W Insogna [e-mail]
Kenneth Neil Smersfelt [e-mail]
Lisa Sue Kantor [e-mail]
Russell George Petti [e-mail]

3
4
5
6

Dated: February 1, 2012

Richard W. Wieking, Clerk

7
By: /s/ JW Chambers
Susan Imbriani
Courtroom Deputy

8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3