Hill v. Lincoln National Life Insurance Company et al
Filing
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Order by Chief Magistrate Judge Elizabeth D. Laporte denying 20 Motion for Extension of Time to Complete Discovery.(knm, COURT STAFF) (Filed on 8/28/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VERONICA HILL,
Plaintiff,
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United States District Court
For the Northern District of California
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No. C -13-00276 EDL
ORDER DENYING PLAINTIFF’S RULE
56(d) MOTION TO EXTEND BRIEFING
SCHEDULE AND ALLOW DISCOVERY
v.
LINCOLN NATIONAL LIFE INSURANCE,
Defendant.
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Plaintiff filed this ERISA matter regarding her long-term disability benefits in October 2012.
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The Court held a Case Management Conference on May 8, 2013. The key issue in this case, as
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stated by the parties in the joint Case Management Conference statement, is whether ERISA applies
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to Plaintiff’s claim for long term disability benefits and preempts her state law claims. Docket No.
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12 ¶ 3. Thus, on May 17, 2013, the Court issued an order adopting the parties’ proposed briefing
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schedule for a relatively early motion for summary judgment on ERISA preemption. Defendant
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timely filed its motion for summary judgment on August 13, 2013. On August 21, 2013, Plaintiff
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filed a Rule 56(d) motion to extend the briefing schedule and allow discovery, and on August 22,
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2013, Defendant filed an opposition to the Rule 56(d) motion. On August 27, 2013, Plaintiff filed
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an opposition to Defendant’s motion for summary judgment. For the reasons stated in this Order,
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Plaintiff’s Rule 56(d) motion is denied.
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In response to a summary judgment motion, a nonmoving party may obtain relief pursuant to
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Federal Rule of Civil Procedure 56(d) if it “shows by affidavit or declaration that, for specified
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reasons, it cannot present facts essential to justify its opposition.” Fed.R.Civ.P. 56(d). In the Ninth
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Circuit, a party seeking further discovery under Rule 56(d) must show that it diligently pursued such
discovery prior to filing its motion. See Brae Transp., Inc. v. Coopers & Lybrand, 790 F.2d 1439,
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1443 (9th Cir.1986)). The party must also “make clear what information is sought and how it would
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preclude summary judgment.” Id. (citing Garrett v. City & County of S.F., 818 F.2d 1515, 1518 (9th
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Cir.1987)) (internal quotations omitted). In addition, there must be “some basis for believing that
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the information sought actually exists.” Blough v. Holland Realty, Inc., 574 F.3d 1084, 1091 n. 5
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(9th Cir. 2009).
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Counsel’s declaration in support of Plaintiff’s Rule 56(d) motion states that further discovery
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is necessary because Defendant included declarations in support of the motion for summary
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judgment from individuals previously unknown to Plaintiff. In particular, Plaintiff seeks to take the
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depositions of Kevin Spann, the former owner and Chief Executive Officer of the Parker Group,
United States District Court
For the Northern District of California
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which was the third-party administrator of Plaintiff’s long-term disability policy; Christine Penkala,
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the Benefits Manager for Contra Costa County; and Cindy Daly, Appeals Manager at Lincoln
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National Life Insurance Company. Lilienstein Decl. ¶¶ 3-5. Plaintiff also seeks to take Rule
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30(b)(6) depositions on several topics, and to serve Requests for Production of Documents. Plaintiff
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states that this evidence would provide information concerning the involvement of Contra Costa
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County in Plaintiff’s long-term disability policy and whether the plan was a governmental plan that
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would not be subject to ERISA. Lilienstein Decl. ¶ 3. Plaintiff also believes that this evidence may
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show that Plaintiff’s policy falls under ERISA’s safe harbor protections, so the plan is not
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preempted. Id.
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Plaintiff, however, has not made the threshold showing that she was diligent in seeking this
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discovery. See Mackey v. Pioneer Nat’l Bank, 867 F.2d 520, 524 (9th Cir. 1989) (56(d) motion
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denied where party “had ample opportunity to conduct discovery,” but failed to do so). Plaintiff had
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approximately three months, from the time the Court adopted the parties’ briefing schedule for a
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summary judgment motion until Defendant filed its brief, to conduct discovery on the key issue of
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ERISA preemption. There has been no showing that Plaintiff attempted to, or did, conduct any
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discovery during those three months, even though Plaintiff knew that the Court had set a briefing
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schedule for a motion for summary judgment on the preemption issue, to which Plaintiff stipulated.
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In addition, it appears that at least one of these witnesses, Kevin Spann, was specifically known to
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Plaintiff in May 2013 when Defendant served initial disclosures containing an email from Mr.
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Spann. Fair Decl. ¶ 2; Ex. C. Even if Plaintiff did not know the identities of the declarants used in
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support of Defendant’s motion for summary judgment prior to the filing of the motion, she could
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have conducted written discovery and deposition discovery of the persons most knowledgeable from
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the various entities involved in this case during the three month period between the Court’s May 10,
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2013 scheduling order and the filing of Defendant’s motion on August 13, 2013.
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Plaintiff’s Rule 56(d) motion and request to extend briefing schedule and allow discovery is
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denied. The briefing schedule and hearing date as stated in the Court’s May 17, 2013 Order remain
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in effect.
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IT IS SO ORDERED.
United States District Court
For the Northern District of California
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Dated: August 28, 2013
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge
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