Baum v. Metropolitan Life Insurance Company et al

Filing 25

ORDER, Motions terminated: 24 Ex Parte MOTION for Order Shortening Time for Hearing on Motion for Summary Judgment filed by Nancy Baum., ORDER REFERRING CASE to Magistrate Judge for Settlement. Signed by Judge ARMSTRONG on 7/20/11. (lrc, COURT STAFF) (Filed on 7/21/2011)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 NANCY BAUM, Plaintiff, 7 8 vs. 9 METROPOLITAN LIFE INSURANCE Case No: C 10-4280 SBA ORDER REFERRING ACTION FOR MANDATORY SETTLEMENT CONFERENCE Docket 24 COMPANY; IBM LONG TERM 10 DISABILITY PLAN, Defendants. 11 12 13 This action arises under the Employee Retirement Income Security Act, based on 14 Defendants’ alleged failure to pay Plaintiff long-term disability benefits. Plaintiff has now 15 filed an Ex Parte Application for Order Shortening Time for Hearing of Motion for 16 Summary Judgment and Motion for Summary Judgment. Dkt. 24. According to Plaintiff, 17 she was informed by Defendants on May 10, 2011, that Defendants had agreed to reinstate 18 Plaintiff’s benefits. However, to date, Defendants allegedly have not yet resumed any 19 payments to Plaintiff, who has been without benefits for almost two years. Accordingly, 20 Plaintiff requests “that the Court enter an Order requiring [Defendants] to advise the Court 21 within 24 hours whether it will be opposing either Plaintiff’s Ex Parte Application for An 22 Order Shortening Time for Hearing of her Motion for Summary Judgment, or the Motion 23 itself.” Dkt. 24 at 5. 24 Based on the record presented, it appears that the parties are close to reaching a 25 settlement of this action. Thus, rather than engaging in potentially unnecessary and costly 26 motion practice, the parties should focus their resources on working towards a settlement. 27 Accordingly, 28 1 IT IS HEREBY ORDERED THAT: 2 1. The instant action is REFERRED to the Chief Magistrate Judge or her 3 designee for a mandatory settlement conference to take place within forty-five (45) days of 4 the date this Order is filed. 5 2. Plaintiff’s Ex Parte Application for Order Shortening Time for Hearing of 6 Motion for Summary Judgment and Motion for Summary Judgment is DENIED without 7 prejudice. 8 9 IT IS SO ORDERED. Dated: July 20, 2011 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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