Day v. SBC Disability Income Plan

Filing 121

ORDER CONTINUING 10/19/2009 CASE MANAGEMENT CONFERENCE re 118 Case Management Statement, 119 Case Management Statement. On or before 11/20/2009, Defendants Plan Administrator shall make a determination on the issue of whether Plaintiffs long-ter m disability benefits shouldbe offset by Plaintiffs pension benefits, and whether Plaintiffs benefits are subject to such an offset pursuant to the terms of the Plan. Joint Case Management Conference Statement due 11/30/2009. Further Case Management Conference set for 12/7/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 10/15/2009. (ecg, COURT STAFF) (Filed on 10/15/2009)

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1 2 3 4 5 6 7 8 9 10 David Day, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 06-01740 JW ORDER CONTINUING CASE MANAGEMENT CONFERENCE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AT&T Disability Income Plan, Defendant. / This case is scheduled for a Case Management Conference on October 19, 2009. The parties separately submitted Case Management Statements.1 In its Order following the December 1, 2008 Case Management Conference, the Court ordered as follows: The issue of whether Plaintiff's long-term disability benefits should be offset by Plaintiff's pension benefits is remanded to Defendant's Plan Administrator for a determination of whether Plaintiff's benefits are subject to such an offset pursuant to the terms of the Plan. The Plan Administrator shall make a determination on this issue within ninety (90) days of the issuance of this Order. See 29 C.F.R. 2560.503-1(f). (December 9, 2008 Order, Docket Item No. 113.) To date, the Plan Administrator has not made a determination regarding this issue. (Plaintiff's Statement at 2; Defendant's Statement at 2.) Accordingly, the Court orders as follows: (1) On or before November 20, 2009, Defendant's Plan Administrator shall make a (See Plaintiff's Case Management Statement, hereafter, "Plaintiff's Statement," Docket Item No. 118; Defendant's Case Management Statement, hereafter, "Defendant's Statement," Docket Item No. 119.) 1 1 2 3 4 5 6 7 8 9 10 (2) determination on the issue of whether Plaintiff's long-term disability benefits should be offset by Plaintiff's pension benefits, and whether Plaintiff's benefits are subject to such an offset pursuant to the terms of the Plan. The Court continues the October 19, 2009 Case Management Conference to December 7, 2009 at 10 a.m. On or before November 30, 2009, the parties shall file a Joint Case Management Statement. The Statement shall include, among other things, an update on the status of the remand and any resolution of the remand process. Dated: October 15, 2009 United States District Court 11 For the Northern District of California JAMES WARE United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Caroline Lee Elkin carolineelkin@paulhastings.com Joseph Al Latham allatham@paulhastings.com Michael S. Newman mikenewman@paulhastings.com Robert Burton Nichols nichols@nicholslawgroup.com Stephen Henry Harris stephenharris@paulhastings.com Dated: October 15, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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