F. ovo Aetna

Filing 225

ORDER APPROVING STIPULATION REGARDING BRIEFING ON THE MERITS; CONTINUING CASE MANAGEMENT CONFERENCE. Plaintiffs shall file their opening brief on the merits no later than July 28, 2017, defendants shall file their opposition brief on the merit s no later than August 25, 2017, and plaintiffs shall file their reply brief on the merits no later than September 15, 2017. The Court will hold a hearing on the merits on October 13, 2017. The Case Management Conference currently scheduled for July 21, 2017, is continued to January 26, 2018. A Joint Case Management Statement shall be filed no later than January 19, 2018. Signed by Judge Maxine M. Chesney on 05/16/17. (mmclc2, COURT STAFF) (Filed on 5/16/2017)

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RICHARD J. DOREN, SBN 124666
[e-mail]
HEATHER L. RICHARDSON, SBN 246517
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Defendant,
AETNA LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DENNIS F., CAROL F., and GRACE F.

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Plaintiffs,
v.

CASE NO. 3:12-cv-02819-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING ON THE
MERITS ; ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

AETNA LIFE INSURANCE COMPANY,

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Defendant.

The Hon. Maxine M. Chesney
Third Amended Complaint Filed: 04/13/2016

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KIM B. and AVIVA B.

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Plaintiffs,

AETNA LIFE INSURANCE COMPANY,
Defendant.
ALISON B. and DANIEL B.

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Complaint Filed: 03/22/2016

v.

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CASE NO. 3:16-cv-01395-MMC

Plaintiffs,

CASE NO. 4:16-cv-01398-MMC
Complaint Filed: 03/22/2016

v.
AETNA LIFE INSURANCE COMPANY,
Defendant.

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING ON THE MERITS,
LEAD CASE NO. 12-CV-02819-MMC

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WILLIAM B. and RYAN B.

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Plaintiffs,

AETNA LIFE INSURANCE COMPANY,
Defendant.
LLOYD B. and TALYA B.

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Plaintiffs,

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Defendant.
RODNEY K. and BRIAN K.
Plaintiffs,

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Defendant.
MARK L. and ELAINE L.
Plaintiffs,

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Complaint Filed: 03/22/2016

AETNA LIFE INSURANCE COMPANY,
Defendant.
R.M. and M.M.

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CASE NO. 3:16-cv-01399-MMC

v.

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Complaint Filed: 03/22/2016

AETNA LIFE INSURANCE COMPANY,

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CASE NO. 3:16-cv-01397-MMC

v.

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Complaint Filed: 03/22/2016

AETNA LIFE INSURANCE COMPANY,

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CASE NO. 4:16-cv-01405-MMC

v.

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Complaint Filed: 03/22/2016

v.

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CASE NO. 4:16-cv-01402-MMC

CASE NO. 5:16-cv-01401-MMC
Plaintiffs,

Complaint Filed: 03/22/2016

v.
AETNA LIFE INSURANCE COMPANY,
Defendant.

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING ON THE MERITS,
LEAD CASE NO. 12-CV-02819-MMC

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2

PERRY P. and EVAN P.

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Plaintiffs,

CASE NO. 4:16-cv-01400-MMC
Complaint Filed: 03/22/2016

v.
AETNA LIFE INSURANCE COMPANY,

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Defendant.

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RICHARD R. and SUSANNA R.

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Plaintiffs,

AETNA LIFE INSURANCE COMPANY,
Defendant.
DAGMAR W. and SAMANTHA W..

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Plaintiffs,

Defendant.
CHERYL N. and TRISTAN W.

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Plaintiffs,

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Complaint Filed: 03/22/2016

AETNA LIFE INSURANCE COMPANY,

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CASE NO. 3:16-cv-01403-MMC

v.

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Complaint Filed: 03/22/2016

v.

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CASE NO. 4:16-cv-01404-MMC

CASE NO. 4:16-cv-01406-MMC
Complaint Filed: 03/22/2016

v.
AETNA LIFE INSURANCE COMPANY,
Defendant.

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING ON THE MERITS,
LEAD CASE NO. 12-CV-02819-MMC

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The parties to the above-captioned litigation, by and through their respective counsel of
record, hereby stipulate and request as follows:

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WHEREAS, on May 1, 2017, the Court ruled that the appropriate standard of review

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applicable to all twelve Plaintiffs’ claims for benefits under their Aetna-administered plan was abuse

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of discretion (ECF 221);

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WHEREAS, per the Court’s December 15, 2016 order (ECF 207), the parties will submit a
joint stipulation setting forth a proposed briefing schedule on the merits by May 15, 2017;
WHEREAS, the parties have met and conferred, and agree to discuss settlement of all twelve
Plaintiffs’ claims in June 2017 since Aetna’s counsel is currently in trial through the end of May;
WHEREAS, the parties have met and conferred, and agree that if the parties do not settle all

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twelve Plaintiffs’ claims, briefing on these cases may be consolidated solely for purpose of efficiency

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and to facilitate the Court’s review of the merits of each case, and that the cases remain separate for

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all other purposes; and

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WHEREAS, the parties have met and conferred, and agreed upon the procedure and briefing
schedule below;

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THEREFORE, the parties jointly stipulate, subject to the Court’s approval:

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1.

Plaintiffs will file their opening brief on the merits on July 28, 2017.

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2.

Defendants will file their opposition brief on the merits on August 25, 2017.

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3.

Plaintiffs will file their reply brief on the merits on September 15, 2017.

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4.

The Court will hold a hearing to discuss the merits on October 13, 2017.

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5.

The parties agree that only one brief will be submitted on the merits, and that brief will

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address all twelve related cases.

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING ON THE MERITS,
LEAD CASE NO. 12-CV-02819-MMC

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IT IS SO STIPULATED.

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Dated: May 15, 2017

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BRIAN S. KING
BRIAN S. KING, ATTORNEY AT LAW

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By:

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/s/ Brian S. King
Brian S. King

Attorneys for Plaintiffs

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Dated: May 15, 2017
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RICHARD J. DOREN
HEATHER L. RICHARDSON
GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Heather L. Richardson
Heather L. Richardson

Attorneys for Defendant, AETNA LIFE INSURANCE
COMPANY

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Gibson, Dunn &
Crutcher LLP

PURSUANT TO STIPULATION, IT IS SO ORDERED THAT:
1.

Plaintiffs will file their opening brief on the merits on July 28, 2017.

2.

Defendants will file their opposition brief on the merits on August 25, 2017.

3.

Plaintiffs will file their reply brief on the merits on September 15, 2017.

4.

The Court will hold a hearing to discuss the merits on October 13, 2017.

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The parties agree that only one brief will be submitted on the merits, and that brief will

address all twelve related cases.
IT IS FURTHER ORDERED THAT the Case Management Conference currently scheduled for
July 21, 2017, is hereby CONTINUED to January 26, 2018. A Joint Case Management
Statement shall be filed no later than January 19, 2018.
DATED: May 16, 2017
______________________

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Honorable Maxine M. Chesney
United States District Court Judge

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING ON THE MERITS,
LEAD CASE NO. 12-CV-02819-MMC