Doe v. Life Insurance Company of North America et al

Filing 85

ORDER DENYING WITHOUT PREJUDICE 76 Plaintiff's Administrative Motion to Reopen Case. Signed by Judge Laurel Beeler on 09/28/2011. (lblc2, COURT STAFF) (Filed on 9/28/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
JOHN DOE,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,

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No. C 09-01665 LB

v.

ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S
ADMINISTRATIVE MOTION TO
REOPEN CASE

LIFE INSURANCE COMPANY OF NORTH
AMERICA, ET AL.,

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Defendants.
_____________________________________/
In this ERISA action, Plaintiff John Doe, a former employee of Excite, Inc., previously moved

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for summary judgment that he is covered under Excite’s life insurance policy (administered by Life

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Insurance Company of North America (“LINA”)) and that he does not have to pay insurance

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premiums because he is disabled under the plan. ECF No. 51. The court granted in part and denied

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in part his motion and remanded the matter to LINA to determine whether Plaintiff is “disabled”

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under the life insurance policy. ECF No. 64.

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In its subsequent order remanding the matter and administratively closing the case, the court
stated:

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While Plaintiff pursues his claim with LINA, this case may be reopened by appropriate
motion if necessary.

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Any motion for attorney’s fees and costs is due no later than 14 days after either party
declares the conclusion of the meet and confer process following any final
determination of Plaintiff’s life waiver benefits.
C 09-01665

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ECF No. 75.
Recently, Plaintiff moved to reopen the case and for summary judgment. ECF No. 76, 77.

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Plaintiff subsequently withdrew his motion for summary judgment (ECF No. 83), but he still

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maintains that the case should be reopened so he can move for attorney’s fees and costs.

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Plaintiff’s motion to reopen the case is DENIED WITHOUT PREJUDICE. As the court

(including attorney’s fees and costs) before moving to reopen the case or for attorney’s fees and

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costs. Should the meet and confer process fail to resolve the outstanding issues, either party may

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move to reopen the case at that time.

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This disposes of ECF No. 76.

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IT IS SO ORDERED.

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For the Northern District of California

previously explained, the parties are expected to meet and confer about any outstanding issues

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UNITED STATES DISTRICT COURT

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Dated: September 28, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 09-01665

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