Growitz v. Moog Inc. Group Benefits Plan

Filing 24

STIPULATION AND ORDER 23 Extending Case Deadlines. Signed by Judge Ronald M. Whyte on 8/11/15. (jgS, COURT STAFF) (Filed on 8/11/2015)

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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Lisa S. Kantor, Esq. State Bar No. 110678
e-mail: [e-mail]
Elizabeth K. Green, Esq. State Bar No. 199634
e-mail: [e-mail]
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff,
RAINER GROWITZ
R. Bradford Huss (SBN 71303)
Sean T. Strauss (SBN 245811)
TRUCKER HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
[e-mail]
Attorneys for Defendant
MOOG INC. GROUP BENEFITS PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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RAINER GROWITZ,

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Plaintiff,

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vs.
MOOG INC. GROUP BENEFITS PLAN,

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Defendant.

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Case No.: 5:15-cv-01172-RMW
CASE STATUS REPORT AND
STIPULATION AND []
ORDER EXTENDING CASE DEADLINES

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CASE STATUS REPORT AND
STIPULATION AND [] ORDER EXTENDING CASE DEADLINES
152249.v2

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CASE STATUS REPORT AND

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STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES

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Pursuant to the Court’s July 1, 2015 Order on Case Management Conference [Dkt. #22],

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Plaintiff Ranier Growtiz (“Plaintiff”) and Defendant Moog Inc. Group Benefits Plan (“Defendant,”

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collectively with Plaintiff, the “Parties”) hereby submit the following Case Status Report and

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Stipulation and [Proposed] Order Extending Case Deadlines:

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WHEREAS, on July 2, 2015, Defendant produced the Administrative Record in this case;

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WHEREAS, on July 13, 2014, Plaintiff produced his initial disclosures, which contain

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additional documents he asserts belong in the Administrative Record;

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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WHEREAS, on July 23, 2105, Defendant produced additional documents to address
Plaintiff’s asserted gaps in and to supplement the Administrative Record;

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WHEREAS, on August 5, 2015, Defendant produced further documents to address Plaintiff’s
asserted gaps in and to supplement the Administrative Record;

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WHEREAS, the Parties continue to work to address Plaintiff’s additional asserted gaps in the

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Administrative Record to ensure that both Plaintiff and Defendant agree that a complete

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Administrative Record has been produced and is available in this case;

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WHEREAS, on July 24, 2015 counsel for Plaintiff and Defendant held a telephonic meet and

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confer conference to discuss (a) the standard of review applicable in this case, and (2) a proposed

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discovery plan;

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WHEREAS, the Parties have been unable to reach an agreement regarding the applicable
standard of review in this case or a discovery plan in light of the standard of review;

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WHEREAS, the Parties agree, however, that a third-party review of the benefits claim at issue
in this case could facilitate possible settlement;

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WHEREAS, in light of that agreement, the Parties have selected an independent third party

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medical professional to review the Administrative Record and provide an evaluation of the benefit

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claim at issue in this case;

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CASE STATUS REPORT AND
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES
152249.v2

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WHEREAS, the Parties anticipate that this independent third party will be completed by
August 31, 2015;

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WHEREAS, pursuant to the Court’s May 12, 2015 Order Selecting ADR Process [Dkt. #16],
the present deadline to complete Court-ordered mediation is August 10, 2015;

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WHEREAS, the Parties agree that mediation is unlikely to be productive until after
completion of the claim evaluation by the independent third-party reviewer;

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IT IS THEREFORE STIPULATED AND AGREED, by Plaintiff and Defendant, by and
through their respective counsel, that the Court is respectfully requested to order that:

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1.

The deadline for completion of the Court-ordered mediation be extended by 60-days,

to October 9, 2015;

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2.

If that mediation does not resolve the case, the Parties will thereafter submit a proposal

KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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to the Court for resolution of disagreements regarding the appropriate standard of review applicable

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in this case and a discovery plan.

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Dated: August 5, 2015

KANTOR & KANTOR, LLP
By: /s/ Lisa S. Kantor___
Lisa S. Kantor
Attorneys for Plaintiff,
Rainer Growitz

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Dated: August 5, 2015

TRUCKER HUSS
By: /s/ Sean T. Strauss___
R. Bradford Huss
Sean T. Strauss
Attorneys for Defendant,
Moog Inc. Group Benefits Plan

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Pursuant to Civil Local Rule 5(i)(3), I attest that I have obtained Ms. Kantor’s’

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concurrence in the filing of this document.

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DATED: August 5, 2015

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/s/ Sean T. Strauss
Sean T. Strauss

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CASE STATUS REPORT AND
STIPULATION AND [] ORDER EXTENDING CASE DEADLINES
152249.v2

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] ORDER

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Pursuant to the foregoing stipulation and request,

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IT IS HEREBY ORDERED

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1.

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in this case and a discovery plan.

IT IS SO ORDERED.
Dated:

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

If that mediation does not resolve the case, the Parties will thereafter submit a proposal

to the Court for resolution of disagreements regarding the appropriate standard of review applicable

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The deadline for completion of mediation is extended by 60-days, to October 9, 2015;

2.

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____________________________________
HONORABLE RONALD M. WHITE
Judge, United States District Court
Northern District of California

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CASE STATUS REPORT AND
STIPULATION AND [] ORDER EXTENDING CASE DEADLINES
152249.v2