Guenther v. Lockheed Martin Corporation et al

Filing 39

ORDER MAINTAINING STAY; VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Edward J. Davila on 09/10/2012. (ejdlc3, COURT STAFF) (Filed on 9/10/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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CHARLES GUENTHER,

CASE NO. 5:11-cv-00380 EJD

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Plaintiff,
v.

ORDER MAINTAINING STAY;
VACATING CASE MANAGEMENT
CONFERENCE

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LOCKHEED MARTIN CORPORATION
et al.,

[Docket Item No. 38]

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Defendants.
___________________________________/

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Presently before the court is an Updated Joint Case Management Statement, filed on
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September 7, 2012. See Docket Item No. 38. The Case Management Conference is scheduled for
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September 14, 2012.
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Pursuant to the Order Granting Motion to Dismiss in Part and Staying Case, the action was
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stayed on March 30, 2012 until completion of the administrative appeal process. See Docket Item
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No. 37.
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The Court has reviewed the Updated Joint Case Management Statement, which reveals that
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Plaintiff Charles Guenther (“Plaintiff”) submitted a claim for benefits under Defendants’ Salaried
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Employee Retirement Program on April 20, 2012. See Docket Item No. 38. That claim was denied
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by letter dated June 6, 2012; Plaintiff appealed the denial by letter dated August 3, 2012. Id.
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Accordingly, the court finds it appropriate to maintain the stay of this action until completion of the
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Case No. 5:11-cv-00380 EJD
ORDER MAINTAINING STAY; VACATING CASE MANAGEMENT CONFERENCE

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administrative appeals process. Either party may file a request to extinguish the stay and set a Case

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Management Conference upon completion of the administrative appeals process.

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Based on the foregoing, this action is STAYED until completion of the administrative

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appeals process. The Case Management Conference currently scheduled for September 14, 2012 is

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VACATED.

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IT IS SO ORDERED.

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Dated: September 10, 2012
EDWARD J. DAVILA
United States District Judge

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Case No. 5:11-cv-00380 EJD
ORDER MAINTAINING STAY; VACATING CASE MANAGEMENT CONFERENCE