Cox v. Allin Corporation Plan et al

Filing 81

ORDER REFERRING ACTION FOR MANDATORY SETTLEMENT CONFERENCE to Magistrate Judge RYU for Settlement. Signed by Judge Saundra Brown Armstrong on 1/29/2014. (ndr, COURT STAFF) (Filed on 1/29/2014)

1
2

UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

OAKLAND DIVISION

5
6 ELGIN COX,

Plaintiff,

7
8

vs.

Case No: C 12-5880 SBA
ORDER REFERRING ACTION
FOR MANDATORY SETTLEMENT
CONFERENCE

9 ALLIN CORPORATION PLAN and UNUM

LIFE INSURANCE COMPANY OF
10 AMERICA; DELL, INC.

COMPREHENSIVE WELFARE BENEFITS
11 PLAN; DELL, INC., ADMINISTRATION

AND INVESTMENT COMMITTEE;
12 AETNA LIFE INSURANCE COMPANY,

Defendants.

13
14
15
16

Three dispositive motions (one motion for summary judgment and two motions for

17

judgment as a matter of law) were filed by the parties in this action on January 8, 2014.

18

Dkt. 71, 72, 77. Responses to the motions currently are due on February 4, 2014. On

19

January 23, 2014, the parties filed a stipulated request to extend the response deadline to

20

March 4, 2014, due to the serious medical condition of defense counsel’s family member.

21

Dkt. 80.

22

Now that the parties have filed their respective opening briefs in connection with

23

their dispositive motions, each of them is now fully aware of the factual and legal issues

24

being presented to the Court for its consideration. Rather than expending what undoubtedly

25

will be a considerable amount of resources in preparing responses to the other’s dispositive

26

motions, the parties should, at this juncture, devote their time and energy towards reaching

27

a mutually acceptable resolution of this matter. Accordingly,

28

1

IT IS HEREBY ORDERED THAT:

2

1.

The instant action is REFERRED to Magistrate Judge Donna Ryu for a

3

mandatory settlement conference to take place within ninety (90) days of this order, subject

4

to the Magistrate Judge and the parties’ mutual availability.

5

2.

The pending motions shall be held in abeyance pending completion of the

6

mandatory settlement conference, and Docket Nos. 71, 72 and 77 shall be administratively

7

terminated. In the event the action does not settle, the parties shall notify the Court

8

forthwith and the Court will enter a revised motion briefing schedule and set a new hearing

9

date.

10

3.

The parties’ stipulated request to continue the briefing schedule on the cross-

11

motions for judgment or summary judgment is DENIED as moot. This Order terminates

12

Docket No. 80.

13
14

IT IS SO ORDERED.
Dated: January 29, 2014

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-