Evans v. Bank of America Corporation Long Term Disability Plan

Filing 11

SCHEDULING ORDER Motion Hearing set for 10/15/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 3/20/12. (sis, COURT STAFF) (Filed on 3/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 11-06271 JW

Yolanda Evans,

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SCHEDULING ORDER

Plaintiff,
v.

For the Northern District of California

United States District Court

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Bank of Am. Corp. Long Term Disability
Plan,

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Defendant.
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This case is scheduled for a Case Management Conference on March 26, 2012. Pursuant to
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the Federal Rules of Civil Procedure and the Local Rules of this Court, the parties conferred and
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duly submitted a Joint Case Management Statement and Proposed Order. (hereafter, “Joint
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Statement,” Docket Item No. 10.)
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In their Joint Statement, the parties agree that this matter will likely be resolved through
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dispositive motions and that trial is unnecessary. (Joint Statement at 4.) In addition, the parties
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agree that because this is an appeal of a denial of ERISA benefits, discovery beyond initial
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disclosures and the administrative record is inappropriate. (Id. at 5.) The parties have already
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served their initial disclosures and the administrative record. (Id. at 3.)
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Based on the nature of this case and that dates provided by the parties in their Joint
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Statement, the Court finds that a schedule can be set for this case without the necessity of an
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appearance at this time. Accordingly, the Case Management Conference is VACATED. The Court
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sets October 15, 2012, at 9 a.m. for a hearing on the parties’ anticipated cross-motions for summary

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judgment. All motions shall be noticed and briefed in accordance with the Civil Local Rules.

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Dated: March 20, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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

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Jennifer Lynn Marks Ghozland [e-mail]
Jordan S. Altura [e-mail]
Ronald K. Alberts [e-mail]
Timothy J. Fricker [e-mail]

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Dated: March 20, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy