Maldonado v. Prudential Insurance Company of America, The

Filing 4

ORDER SETTING HEARING UNDER FED. R. CIV. P. 16: Hearing set for 4/8/2010 02:30 PM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 2/25/10. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 10-cv-00074-PAB KIRK F. MALDONADO, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant.

ORDER SETTING HEARING UNDER FED. R. CIV. P. 16

This matter comes before the Court upon a Complaint filed by the Plaintiff seeking to recover benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). In light thereof, a hearing pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 is appropriate. It is ORDERED that: 1. A hearing is set for April 8, 2010 at 2:30 p.m. in Courtroom A701 at the

United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. This is not a scheduling conference. The parties should not submit a proposed scheduling order. 2. At least ten days prior to the hearing, the parties shall meet and confer

and file a joint statement addressing the following issues: Administrative Record: · Whether the parties agree upon the administrative record. · How much time the parties need to compile and file the administrative record.

Standard of Review: · Whether the parties agree upon the standard of review. If so, what is the standard of review? If there is a disagreement, state the parties' positions. Expedited Procedure · Whether the parties agree that this case is amenable to an expedited determination based upon the administrative record and consideration of opposing briefs.

DATED February 25, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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