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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 NANCY BAUM,

Plaintiff,

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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.

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This action arises under the Employee Retirement Income Security Act, based on

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Defendants’ alleged failure to pay Plaintiff long-term disability benefits. Plaintiff has now

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filed an Ex Parte Application for Order Shortening Time for Hearing of Motion for

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Summary Judgment and Motion for Summary Judgment. Dkt. 24. According to Plaintiff,

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she was informed by Defendants on May 10, 2011, that Defendants had agreed to reinstate

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Plaintiff’s benefits. However, to date, Defendants allegedly have not yet resumed any

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payments to Plaintiff, who has been without benefits for almost two years. Accordingly,

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Plaintiff requests “that the Court enter an Order requiring [Defendants] to advise the Court

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within 24 hours whether it will be opposing either Plaintiff’s Ex Parte Application for An

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Order Shortening Time for Hearing of her Motion for Summary Judgment, or the Motion

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itself.” Dkt. 24 at 5.

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Based on the record presented, it appears that the parties are close to reaching a

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settlement of this action. Thus, rather than engaging in potentially unnecessary and costly

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motion practice, the parties should focus their resources on working towards a settlement.

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Accordingly,

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IT IS HEREBY ORDERED THAT:

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The instant action is REFERRED to the Chief Magistrate Judge or her

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designee for a mandatory settlement conference to take place within forty-five (45) days of

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the date this Order is filed.

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2.

Plaintiff’s Ex Parte Application for Order Shortening Time for Hearing of

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Motion for Summary Judgment and Motion for Summary Judgment is DENIED without

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prejudice.

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IT IS SO ORDERED.
Dated: July 20, 2011

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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