Dolan v. Prudential Insurance Company of America et al

Filing 42

STIPULATION AND ORDER REGARDING DISCOVERY AND THE STANDARD OF REVIEW re 41 Stipulation filed by Linda Dolan. Signed by Judge Phyllis J. Hamilton on 11/3/11. (nah, COURT STAFF) (Filed on 11/3/2011)

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1 2 3 4 5 James P. Keenley (State Bar No. 253106) Emily A. Bolt (State Bar No. 253109) BOLT · KEENLEY - ATTORNEYS AT LAW 1010 Grayson Street, Suite Two Oakland, California 94710 Phone: (510) 225-0696 Fax: (510) 225-1095 6 Attorneys for Plaintiff 7 Linda M. Lawson (Bar No. 77130) llawson@mmhllp.com Allison Vana (Bar No. 228282) avana@mmhllp.com MESERVE, MUMPER & HUGHES LLP 300 South Grand Avenue, 24th Floor Los Angeles, California 90071-3185 Telephone: (213) 620-0300 Facsimile: (213) 625-1930 8 9 10 11 12 13 Attorneys for Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA 14 15 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 16 17 18 Linda DOLAN, 19 Plaintiff, 20 21 22 23 24 v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, ) ) ) ) ) ) ) ) ) ) Case No.: CV 11-1562 (PJH) STIPULATION REGARDING DISCOVERY AND THE STANDARD OF REVIEW; [PROPOSED] ORDER APPROVING STIPULATION Defendant. 25 26 27 28 CASE NO. CV 11-1562 (PJH) 1 STIPULATION REGARDING DISCOVERY AND THE STANDARD OF REVIEW 1 2 WHEREAS, on September 1, 2011, the parties participated in a case management 3 conference during which the Court ordered the parties to resolve issues pertaining to the 4 applicable standard of review in 60 days; and 5 WHEREAS, the parties have met and conferred regarding the standard of review and 6 related issues and have reached an agreement as to the applicable standard of review and scope 7 of discovery; 8 IT IS THEREFORE STIPULATED AS FOLLOWS: 9 The parties agree that the Court should apply a de novo standard of review to Plaintiff’s 10 claim and, if this stipulation is approved by the Court, that no discovery will be conducted. The 11 parties reserve the right to bring evidentiary motions related to the content of the administrative 12 record within the motions deadline already established by the Court. 13 14 BOLT · KEENLEY - ATTORNEYS AT LAW Dated: November 1, 2011 15 By: /s/ James P. Keenley James P. Keenley Attorneys for Plaintiff 16 17 18 19 MESERVE, MUMPER & HUGHES LLP Dated: November 1, 2011 20 By: /s/ Allison Vana Linda M. Lawson Allison Vana Attorneys for Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA 21 22 23 24 25 26 27 28 CASE NO. CV 11-1562 (PJH) 2 STIPULATION REGARDING DISCOVERY AND THE STANDARD OF REVIEW [PROPOSED] ORDER APPROVING STIPULATION 1 The Court, having considered the submissions of the parties and good cause showing, 2 3 approves the parties’ stipulation as to the appropriate standard of review and scope of discovery. 4 The Court will apply a de novo standard of review to Plaintiff’s claim and there will be no 5 discovery by either party. IT IS SO ORDERED. S 11/3/11 Phyllis J. HamiltonERED O ORD IT IS S United States District Judge 9 10 Ju 13 14 A H ER LI RT 12 amilton llis J. H dge Phy NO 11 R NIA Dated: UNIT ED 8 RT U O 7 S DISTRICT TE C TA FO 6 N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. CV 11-1562 (PJH) 3 STIPULATION REGARDING DISCOVERY AND THE STANDARD OF REVIEW

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