Moyle et al v. Liberty Mutual Retirement Benefit Plan et al

Filing 292

ORDER Setting Briefing Schedule for Supplemental Briefing on Defendants' Motion for Summary Judgment. Defendants shall file a supplemental brief, no longer than 10 pages, to address any recent developments in the law on or before October 28, 20 16. Plaintiffs shall file an opposition, no longer than 10 pages, on or before November 10, 2016. Defendants shall file a reply of no longer than 5 pages on or before November 18, 2016. A hearing is set on December 16, 2016 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/14/16.(All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GEOFFREY MOYLE, an individual;
PAULINE ARWOOD, an individual;
THOMAS ROLLASON, an
individual; and JEANNIE SANDERS,
an individual, on behalf of themselves,

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vs.

Plaintiff,

CASE NO.10cv2179-GPC(MDD)
ORDER SETTING BRIEFING
SCHEDULE FOR
SUPPLEMENTAL BRIEFING ON
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT

LIBERTY MUTUAL RETIREMENT
BENEFIT PLAN; LIBERTY
MUTUAL RETIREMENT PLAN
RETIREMENT BOARD; LIBERTY
MUTUAL INSURANCE GROUP,
INC., a Massachusetts company;
LIBERTY MUTUAL INSURANCE
COMPANY, a Massachusetts
company,

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Defendants.

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The court held a status conference on September 6, 2016 after the Ninth Circuit
issued its mandate affirming in part and reversing in part the Court’s order on summary
judgment and remanding the case. (Dkt. No. 282.) Prior to setting the matter for trial,
Defendants request that the Court address the statute of limitations issue that was not
addressed by this Court or the Ninth Circuit as it relates to the remaining claim under
29 U.S.C. § 1132(a)(3).
In light of the Court’s ruling on Defendants’ motion for summary judgment, the
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[10cv2179-GPC(MDD)]

1 Court did not address Defendants’ argument on statute of limitations concerning the
2 cause of action under 29 U.S.C. § 1132(a)(3). (Dkt. No. 252 at 26 n.9.) The Ninth
3 Circuit also declined to address Defendants’ argument on this issue and commented
4 that the “district court may consider such arguments on remand.” Moyle v. Liberty
5 Mut. Retirement Benefit Plan, – F.3d –, 2016 WL 4394583, at *8 n.5 (9th Cir. 2016).
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The Court finds it appropriate to consider the statute of limitations issue that

7 might bar the claims under 29 U.S.C. § 1132(a)(3). Accordingly, IT IS HEREBY
8 ORDERED that Defendants shall file a supplemental brief, no longer than 10 pages,
9 to address any recent developments in the law on or before October 28, 2016.
10 Plaintiffs shall file an opposition, no longer than 10 pages, on or before November 10,
11 2016. Defendants shall file a reply of no longer than 5 pages on or before November
12 18, 2016. A hearing is set on December 16, 2016 at 1:30 p.m. in Courtroom 2D.
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IT IS SO ORDERED.

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15 DATED: October 14, 2016
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HON. GONZALO P. CURIEL
United States District Judge

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[10cv2179-GPC(MDD)]