Reese v. Nortel Networks, Inc Long-Term Disability Plan et al

Filing 16

CASE MANAGEMENT ORDER. Discovery due by 12/13/2012. Motions due by 1/10/2013. Cross Motions/Responses due by 1/24/2013. Replies due by 1/31/2012. Replies due by 2/7/2013. Motion Hearing set for 2/21/2013 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 6/1/2012. (ndr, COURT STAFF) (Filed on 6/1/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 KATHLEEN REESE, 6 7 Plaintiff, CASE MANAGEMENT ORDER v. 8 NORTEL NETWORKS INC, 9 Defendant. ________________________________/ 10 United States District Court For the Northern District of California No. 12-00877 CW 11 12 A case management conference is not required in this ERISA case. The Case Management Statement and Proposed Order filed by 13 the parties are hereby adopted by the Court as the Case Management 14 15 16 Order for the case, except as noted below. The case is hereby referred to private mediation for 17 alternate dispute resolution, to be held by August 13, 2012. 18 The parties do not intend to amend their pleadings. 19 20 21 Initial disclosures shall be made by June 13, 2012. Plaintiff may seek discovery informally from Defendant, which Defendant shall provide if the requests are not burdensome. If 22 the parties cannot agree, the parties may file a joint discovery 23 24 letter brief and the Court will refer discovery to a magistrate 25 judge. 26 Plaintiff wishes to supplement the Administrative Record, 27 Plaintiff shall attempt to obtain a stipulation from Defendant to 28 Any discovery shall be completed by December 13, 2012. If 1 do so. 2 Plaintiff may include a request to supplement the Administrative 3 Record in the brief on the motion for judgment, submitting the 4 proposed supplemental evidence with a declaration. 5 6 If the parties cannot agree on supplemental evidence, The case shall be resolved on cross-motions for judgment pursuant to Rule 52 of the Federal Rules of Civil Procedure and 7 Kearney v. Standard Insurance, 175 F.3d 1084 (9th Cir. 1999). The 8 9 briefs shall address the scope of review and whether the Court's United States District Court For the Northern District of California 10 review is limited to the Administrative Record or whether 11 supplemental evidence should be considered. 12 13 14 Plaintiff shall file her motion for judgment in a single brief of no greater than twenty-five pages on January 10, 2013. Defendant shall file its opposition and cross-motion for 15 judgment in a single brief of no greater than twenty-five pages on 16 January 24, 2013. 17 18 19 20 Plaintiff shall file a reply and opposition to the crossmotion of no greater than fifteen pages on January 31, 2013. Defendant may file a reply to the cross-motion of no greater 21 than fifteen pages on February 7, 2013. 22 on February 21, 2013 at 2:00 pm in Courtroom 2. The hearing will be held 23 24 25 26 IT IS SO ORDERED. Dated: 6/1/2012 CLAUDIA WILKEN United States District Judge 27 28 2

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