Doe v. Life Insurance Company of North America

Filing 20

ORDER denying 19 Motion to abate action. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 3/19/2018. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
JANE DOE, Incident Number: 2543283,
Policy Number: LK0962287
Plaintiff,
v.

Case No: 5:17-cv-470-Oc-30PRL

LIFE INSURANCE COMPANY OF
NORTH AMERICA
Defendant.

ORDER
Plaintiff brings this action pursuant to the Employee Retirement Income Security Act
(“ERISA”). This matter is currently before the Court for consideration of the parties’ joint motion
to abate the action. (Doc. 19).
The parties recite that they are attempting to resolve this action and have a mediation
scheduled for April 25, 2018. The parties state that they are cognizant of the Scheduling Order,
but wish to conserve resources and avoid unnecessary discovery and motion practice by directing
their efforts toward resolution and the mediation on April 25, 2018. A review of the docket
reveals that the deadline for Defendant to provide the administrative record to Plaintiff was January
18, 2018. The next deadline is the deadline for filing dispositive motions or cross-briefs on May
18, 2018. (Doc. 16). In other words, there is not currently a deadline that requires an extension.
And, the Court is disinclined to grant a motion abating the action for an indefinite period.

Accordingly, the parties’ motion (Doc. 19), is DENIED, but without prejudice to the right
of any party to move for an extension of the case management deadlines if it proves necessary in
the future.
DONE and ORDERED in Ocala, Florida on March 19, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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