Guy v. Sun Life Assurance Company of Canada

Filing 41

ORDER setting briefing schedule, Standard of Review Discovery due by 2/1/2011; Plaintiff's Motion on the Standard of Review due by 2/22/2011; Response due 3/8/2011; Reply due by 3/22/2011. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHELE GUY, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant. / ORDER SETTING BRIEFING SCHEDULE As stated at the December 20, 2010, hearing, and by separate order issued on this date, the court finds that before resolving the pending motion to compel, the threshold issue of the appropriate standard of review should be determined. Accordingly, for the reasons stated on the record, IT IS ORDERED that the parties shall engage in limited discovery, narrowly tailored to the facts relevant in determining the appropriate standard of review to apply in this ERISA action. The standard of review discovery shall be completed by February 1, 2011. In the event the parties cannot agree on the scope of this limited discovery, they are instructed to initiate a conference call with the court prior to filing any motions. The court will attempt to resolve their dispute informally, in an effort to reduce costs. IT IS FURTHER ORDERED that Plaintiff shall file its motion on the standard of review by February 22, 2011. Defendant's response shall by be filed by March 8, Case No. 10-CV-12150-DT

2011, and Plaintiff's optional reply shall be filed by March 22, 2011. Unless otherwise ordered, the court will not conduct a hearing on the issue. S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: December 22, 2010 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, December 22, 2010, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]

S:\Cleland\JUDGE'S DESK\C3 ORDERS\10-12150.GUY.StandardofReviewBriefing.wpd

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