Sibley v. Allstate Insurance Co et al

Filing 24

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 January 6, 2014. Counsel for the plaintiff should review the record and promptl y advise counsel for the defendant of any contentions that therecord is not complete, so that any such issues may be resolved on a timely basis. The parties are directed to file by March 7, 2014 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 plandocuments, which are to be submitted along with the stipulation. By April 4, 2013, plaintiff shall file a Motion For Decision on Stipulat ed Record, along with his/her brief on the merits. The defendant's brief is due by May 5, 2014. 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. Signed by Judge Donald E Walter on 11/5/13. (crt,Kennedy, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

ROBERT C. SIBLEY, JR.

CIVIL ACTION NO. 13-1261

versus

JUDGE WALTER

LIBERTY LIFE ASSURANCE CO
OF BOSTON

MAGISTRATE JUDGE HAYES

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 January 6, 2014. 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 March 7, 2014 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 April 4, 2013, plaintiff shall

file a Motion For Decision on Stipulated Record, along with his/her brief on the merits. The
defendant's brief is due by May 5, 2014. 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 5TH day of November, 2013.

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