D et al v. Cigna Health and Life Insurance Company

Filing 49

ORDER by Judge Haywood S. Gilliam, Jr. Granting 48 Stipulation TO MODIFY THE SCHEDULING ORDER. (ndrS, COURT STAFF) (Filed on 11/9/2017)

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David M. Lilienstein, Esq. SBN 218923
Katie J. Spielman, Esq. SBN 252209
DL LAW GROUP
345 Franklin St.
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail]
Attorneys for Plaintiffs,
MAHLON D. AND EMILY D.
Sean P. Nalty, Esq. SBN 121253
Shivani Nanda, Esq. SBN 253891
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail]
Attorneys for Defendant,
CIGNA HEALTH AND LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAHLON D. AND EMILY D.

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Plaintiffs,

Case No. 4:16-cv-07230-HSG

v.

STIPULATION AND [PROPOSED]
ORDER TO MODIFY THE
SCHEDULING ORDER

CIGNA HEALTH AND LIFE
INSURANCE COMPANY and DOES 1
through 10,

Complaint Filed:
Trial Date:
Judge:

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December 19, 2016
None set
Hon. Haywood S.
Gilliam, Jr.

Defendants.
Referred to Magistrate Judge Robert M. Illman
for Discovery

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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

4:16-cv-07230-HSG

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Plaintiffs Mahlon D. and Emily D. (“Plaintiffs”) and Defendant Cigna Health and Life

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Insurance Company (“Defendant”) (collectively “the Parties”) submit this stipulation and

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respectfully request that the Court modify the Scheduling Order and supplemental discovery

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briefing schedule based on the following:

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A.

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Current Status
1.

Cross-Motions for Judgment

This matter is governed by the Employee Retirement Income Security Act (ERISA). On

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July 6, 2017 the Court took under submission cross-motions by the Parties to establish the

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Standard of Review under ERISA that will be applied to this matter. On September 13, 2017 the

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Parties stipulated to continue the briefing schedule on the merits of this matter until the Standard

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of Review is decided by the Court. The Court granted the Parties’ stipulation on September 14,

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2017 and entered a scheduling Order setting the date for the filing of cross-motions for judgment

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as October 20, 2017 or three weeks after the Order on the standard of review is issued,

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whichever is later.

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2.

Motion to Compel Discovery

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Prior to the modification of the scheduling order set forth above, Plaintiffs filed a motion

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to compel discovery on August 31, 2017. Defendant filed its opposition on September 14, 2017,

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and Plaintiffs filed their reply on September 21, 2017. The motion to compel discovery was

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referred to Magistrate Judge Nandor Vadas, and the Court held a hearing on the matter on

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October 3, 2017.

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During the October 3, 2017 hearing, the Court deferred ruling on the motion to allow the

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parties to continue to meet and confer regarding the scope of the administrative record. The

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parties’ current deadline to file letter briefs regarding any remaining discovery disputes

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following the meet and confer process is 5:00 p.m. November 10, 2017. On November 6, 2017,

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the case was reassigned to Magistrate Judge Illman for discovery matters.

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B.

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The Parties continue to meet and confer regarding the scope of the administrative record.

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Reasons for the Requested Modification in the Briefing Schedule

The Parties are working in good faith to resolve this issue but need more time to gather
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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

4:16-cv-07230-HSG

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additional information regarding the contents of the administrative record to determine whether a

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resolution is possible. However, to resolve or litigate the discovery issues, the parties need to

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know the standard of review in this matter as the nature and scope of discovery in an ERISA

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action is dependent on the standard of review.

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In the interest of judicial economy, the Parties aim to resolve all discovery issues in a

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single hearing, including both the scope of the administrative record and any other discovery that

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may be appropriate depending upon the applicable standard of review. The Parties further wish

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to ensure that adequate time is available for full briefing on the merits once the discovery issues

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are resolved.

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C.

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The Parties jointly request that the Court take the current briefing schedules for the cross-

Suggested Modifications

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motions for judgment and the pending discovery motion off calendar. Once the Court enters its

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Order on the standard of review in this action, the Parties propose to meet and confer to attempt

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to resolve any outstanding discovery issues in light of the applicable standard of review and, if

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necessary, refer the discovery matter to Judge Illman for resolution. The Parties will jointly

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advise the Court of a proposed briefing schedule for cross-motions for judgment on the merits no

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later than thirty days after entry of the Order regarding the standard of review.

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Dated: November 8, 2017

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Respectfully submitted,
DL LAW GROUP

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By:
/s/
___
David M. Lilienstein, Esq.
Katie J. Spielman, Esq.
Attorneys for Plaintiffs,
MAHLON D. & EMILY D.

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Dated: November 8, 2017

Respectfully submitted,
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

4:16-cv-07230-HSG

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By:
/s/
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Sean P. Nalty, Esq.
Shivani Nanda, Esq.
Attorneys for Defendant,
CIGNA HEALTH AND LIFE INSURANCE
COMPANY

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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

4:16-cv-07230-HSG

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[PROPOSED] ORDER

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Based on the stipulation of the Parties set forth above, and GOOD CAUSE appearing, the

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Court hereby modifies the Scheduling Order. The current briefing schedule for the filing of

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cross-motions for judgment three weeks after entry of the order on the standard of review is

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taken off calendar. The current deadline to file further letter briefs regarding the pending Motion

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to Compel Discovery is taken off calendar.

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The Parties are hereby ORDERED to meet and confer to attempt to resolve any

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outstanding discovery issues following the entry of the Order setting the standard of review in

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this action. If necessary, the parties will file letter briefs of no more than two pages outlining

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remaining points of contention. The Parties are further ORDERED to jointly advise this Court

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of a proposed briefing schedule for cross-motions for judgment on the merits no later than thirty

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days after entry of the Order regarding the standard of review.

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IT IS SO ORDERED

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Dated: 11/9/2017
Hon. Haywood S. Gilliam, Jr.

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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

4:16-cv-07230-HSG