Sizemore v. Pacific Gas & Electric Retirement Plan et al

Filing 43

ORDER RE SUPPLEMENTAL BRIEFING by Hon. William Alsup granting 41 Motion Supplemental briefing.(whalc1, COURT STAFF) (Filed on 6/10/2013)

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SEYFARTH SHAW LLP
Kathleen Cahill Slaught (SBN 168129)
[e-mail]
Michelle M. Scannell (SBN 267767)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
PACIFIC GAS AND ELECTRIC COMPANY
RETIREMENT PLAN and EMPLOYEE BENEFIT
COMMITTEE OF THE PACIFIC GAS AND
ELECTRIC RETIREMENT PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBEN SIZEMORE,
Plaintiff,

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v.
PACIFIC GAS AND ELECTRIC COMPANY
RETIREMENT PLAN AND EMPLOYEE
BENEFIT COMMITTEE OF THE PACIFIC
GAS AND ELECTRIC RETIREMENT
PLAN,,

Case No. C13-0169 WHA
[PROPOSED] ORDER GRANTING
DEFENDANTS’ MOTION FOR
ADMINISTRATIVE RELIEF FOR
LEAVE TO FILE BRIEF AND SUBMIT
EVIDENCE REGARDING
DELEGATION OF AUTHORITY TO
MEMBERS OF THE EMPLOYEE
BENEFITS APPEAL COMMITTEE
PURSUANT TO THE PLAN TERMS

Defendants.

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Having reviewed Defendants’ Motion for Administrative Relief for Leave to File Brief

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and Submit Evidence Regarding Delegation of Authority to Members of the Employee Benefits

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Appeal Committee Pursuant to the Plan Terms, and good cause appearing, IT IS HEREBY

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ORDERED that Defendants’ Motion for Administrative Relief is GRANTED as follows:

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[PROPOSED] ORDER GRANTING DEFS’ MOTION FOR ADMINISTRATIVE RELIEF
- CASE NO. C 13-0169 WHA

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June 12 at noon
(1) On or before ___________, Defendants shall file a brief not to exceed 5 pages

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addressing the issue of the delegation of authority to the members of the Employee Benefits

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Appeal Committee pursuant to the Pacific Gas & Electric Company Retirement Plan (“Plan”)

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terms, attaching a declaration with supporting evidence.

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(2) Within 7 days of the filing of Defendants’ brief, Plaintiff may file a brief not to
exceed 5 pages in response to Defendants’ brief. by June 14 at noon.
(3) The Court will rule on Defendants’ Motion for Summary Judgment on the Standard of

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Review and to Deny Discovery after the parties have submitted supplemental briefing in

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accordance with this Order.

William H. Alsup
UNITED STATES DISTRICT JUDGE
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June 10, 2013.
DATED: _______________

DERED
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IT IS
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UNIT
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IT IS SO ORDERED.

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[PROPOSED] ORDER GRANTING DEFS’ MOTION FOR ADMINISTRATIVE RELIEF
- CASE NO. C 13-0169 WHA