Jones v. Metropolitan Life Insurance Company et al

Filing 292

ORDER following July 31, 2015 hearing. Signed by Judge Ronald M. Whyte on 8/10/2015. (rmwlc1, COURT STAFF) (Filed on 8/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

SAN JOSE DIVISION
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SUSAN RENE JONES,
Plaintiff,

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Case No. 08-3971-RMW
ORDER FOLLOWING JULY 31, 2015
HEARING

V.
METROPOLITAN LIFE INSURANCE
COMPANY, et al.,
Defendants.

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The court held a hearing in this case on July 31, 2015. Pursuant to the parties’ stipulation at
the hearing, the court accepts the stipulation and hereby ORDERS as follows:
The remaining issues in this case are: (1) were Ms. Jones’s disability benefits properly

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subject to a DDSSDI offset? (2) if so, what plan language applies to authorize the offset

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determination? (3) are penalties owed by any defendants for failure to produce certain documents?

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Defendants have agreed that the present defendants will pay any award in favor of plaintiff.

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On or before August 21, 2015 plaintiff may file a motion to compel production of the

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attorney communications to which she contends she is entitled. The motion shall be noticed and

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associated briefing shall be filed pursuant to the Local Rules.

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The parties also agreed that the action will be resolved by cross-motions for summary
judgment to be heard on January 22, 2016 at 9 a.m. in courtroom 6 of the above-entitled court. The
Case No. 08-3971-RMW
ORDER RE 7/31 HEARING

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motions shall be noticed and associated briefing shall be filed pursuant to the Local Rules, and the

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opening cross-motions shall be filed on December 18, 2015.

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Finally, the parties agreed that if the case proceeds to a bench trial, neither party intends to
call live witnesses.

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Dated: August 10, 2015

_________________________________
RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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Case No. 08-3971-RMW
ORDER RE 7/31 HEARING

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