Laasmar et al v. Phelps Dodge Corporation Life, Accidental Death & Dismemberment and Dependent Life Insurance Plan et al

Filing 4

ORDER, Set Hearings: In Court Hearing set for 3/17/2006 at 08:00 AM in Courtroom A 901 before Judge Marcia S. Krieger.Signed by Judge Marcia S. Krieger on 1/6/06. (erv, )

Laasmar et al v. Phelps Dodge Corporation Life, Accidental Death & Dis...t Life Insurance Plan et al

Doc. 4

Case 1:06-cv-00013-MSK-MJW

Document 4

Filed 01/06/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 06-cv-00013-MSK-MJW RONALD LAASMAR, and SANDRA LAASMAR, Plaintiffs, v. PHELPS DODGE CORPORATION LIFE, ACCIDENTAL DEATH & DISMEMBERMENT AND DEPENDENT LIFE INSURANCE PLAN, a benefit plan provided by Phelps Dodge Corporation, a New York corporation, and METROPOLITAN LIFE INSURANCE COMPANY, Defendants.

ORDER SETTING HEARING UNDER FED.R.CIV.P. 16 THIS MATTER comes before the Court upon a Complaint filed by the Plaintiffs seeking to recover life insurance benefits. The Defendant removed the action to this Court, contending that the Plaintiffs'claim is governed by the Employee Retirement Income Security Act of 1974 (" RISA", 29 U.S.C. § 1132(a)(1)(B). In light thereof, a hearing pursuant to Fed. R. Civ. P. E ) 16(b) and D.C.COLO.LCivR 16.1 is necessary. IT IS ORDERED: (1) (2) A hearing is set for March 17, 2006 at 8:00 a.m. in Courtroom A901 of the United States Courthouse located at 901 19th Street, Denver, Colorado. On or before March 3, 2006, and in conformance with Fed. R. Civ. P. 26(f), D.C.COLO.LCivR 16.1, 16.2 and 26.1, and this Order, the parties shall prepare and submit a proposed scheduling order. The proposed scheduling order shall be in the form specified by D.C.COLO.LCivR Appendix F except that: (a) (b) It shall not contain a signature line for a judicial officer. It shall address the following: Standard of Review:

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Case 1:06-cv-00013-MSK-MJW

Document 4

Filed 01/06/2006

Page 2 of 2

(c)

Do the parties agree that the Plaintiffs'claim is governed by ERISA? · Do the plan documents confer discretion upon the plan administrator to interpret the plan? · Is this Court' review of the plan administrator' decision de novo s s or under an arbitrary and capricious standard? Administrat ive Record: · What documents comprise the administrative record? · How much time do the parties need to compile and submit the administrat ive record? Discovery: · Does the claimant contend that the plan administrator had a conflict of interest in administering the plan? If so, are there facts in dispute concerning this issue? · Is there a need for discovery? It shall not address the matters set forth in Section 7 (Case Plan and Schedule), Section 9 (Other Scheduling Issues) or Section 10 (Dates for Further Conferences) of Appendix F.

·

(3) (4)

No later than February 10, 2006, the parties shall meet and confer regarding the contents of the proposed scheduling order pursuant to Fed. R. Civ. P. 26(f). No later than March 3, 2006, the parties shall stipulate to and file all pertinent ERISA plan documents including summary plan descriptions. At the conference, the parties shall be prepared to address all applicable provisions in the plan documents. At the scheduling conference, the parties shall be prepared to address the issues covered by the proposed scheduling order and any other issues enumerated in Fed. R. Civ. P. 16(c).

(5)

Dated this 6th day of January, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

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