Beaver v. Dollar Tree Stores Inc et al

Filing 11

MEMORANDUM ORDER: Counsel for defendant is directed to deliver a copy of the relevant plan documents and the entire administrative record to counsel for the plaintiff by 12/23/2011. The parties are directed to file a joint stipulation of facts and plaintiff shall file his brief on the merits by 1/27/2012. The defendant's brief is due by 2/10/2012. Plaintiff may then file a reply upon leave of Court. Signed by Judge Donald E Walter on 11/22/2011. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

DORETHA M. BEAVER

CIVIL ACTION NO. 11-0899

versus

JUDGE WALTER

DOLLAR TREE STORES, INC.,
ET AL.

MAGISTRATE JUDGE KIRK

MEMORANDUM ORDER
The plaintiff seeks judicial review of his ERISA plan administrator's denial of a claim for
benefits. The administrative record is ordinarily the only information the court may consider when
reviewing such a case. It is the plan administrator's obligation to identify the evidence in the
administrative record, but the claimant is permitted a reasonable opportunity to contest whether that
record is complete. See Vega v. National Life Ins. Services, 188 F.3d 287, 299 (5th Cir. 1999) (en
banc); Estate of Bratton v. National Union Fire Ins. Co., 215 F.3d 516, 521 (5th Cir. 2000). This
schedule is issued in accordance with those principles.
Counsel for defendant is directed to deliver a copy of the relevant plan documents and the
entire administrative record to counsel for the plaintiff by December 23, 2011. Counsel for the
plaintiff should review the record and promptly advise counsel for the defendant of any contentions
that the record is not complete, so that any such issues may be resolved on a timely basis. The parties
are directed to file by January 27, 2012 a joint stipulation of facts setting out any necessary
background facts and stipulating to the submission of the case for decision on the administrative
record and plan documents, which are to be submitted along with the stipulation. By the same date,

plaintiff shall file his brief on the merits. The defendant's brief is due by February 10, 2012. If
necessary, plaintiff may file a reply upon leave of Court.
The Clerk is directed to list this matter on the next Motion Day thereafter as submitted to the
undersigned for decision on the stipulated record.
THUS DONE AND SIGNED at Shreveport, Louisiana, this 22ND of November, 2011.

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