Hamade v. Abbott Laboratories, Inc.

Filing 23

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT re 22 Joint Case Management Statement; Finding as Moot 20 Motion to Appear by Telephone. The Case Management Conference set for 10/5/2009 i s VACATED. The parties shall file and notice their motions in accordance with the Civil Local Rules of the Court. Motion Hearing re Cross-Motions for Summary Judgment set for 4/19/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/1/2009. (ecg, COURT STAFF) (Filed on 10/1/2009) Modified docket relationship on 11/5/2009 (ecg, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 Sami Hamade, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-01873 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGEMENT / United 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 The Abbott Severance Pay Plan for Former U.S. Guidant Employees, 2006 Edition Defendant. This case is scheduled for a Case Management Conference on October 5, 2009. Upon review of the parties' Joint Case Management Conference Statement (Docket Item No. 22), the Court finds that a conference is unnecessary at this time.1 Accordingly, the Court VACATES the October 5, 2009 Case Management Conference and ORDERS as follows: (1) The parties dispute whether discovery is warranted in this ERISA case. Plaintiff contends that limited discovery should be permitted to resolve the issue of the "conflict of interest." (See Joint Statement at 2.) Defendant contends that discovery outside of the administrative record is improper and irrelevant. (Id.) The Court finds to the extent that there is a dispute regarding the proper "conflict of interest," it is a legal question for the Court to decide. Accordingly, the Court DENIES Plaintiff's request for discovery at this time. The Court therefore DENIES as moot Defendant's Request to Permit Counsel Joseph J. Torres to Appear by Telephone. (Docket Item No. 20.) 1 1 2 3 4 5 6 7 8 9 10 (2) On April 19, 2010 at 9 a.m., the Court will conduct a hearing on the parties' anticipated cross-motions for summary judgment based on the administrative record. The parties shall file and notice their motions in accordance with the Civil Local Rules of the Court. Dated: October 1, 2009 JAMES WARE United States District Judge 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 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Allison Marie Dibley Adibley@winston.com Joseph James Torres jtorres@winston.com Robert Spagat rspagat@winston.com William Green bill@dgglaw.com Dated: October 1, 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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