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