Murphy v. Connecticut General Life Insurance Company et al

Filing 20

ORDER Granting 19 Proposed Discovery Plan/Scheduling Order filed by Life Insurance Company of North America. Interim Status Report due by 5/9/2014. Proposed Trial Briefs due by 4/25/2014. Signed by Magistrate Judge Carl W. Hoffman on 3/31/14. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:13-cv-02295-APG-CWH Document 19 Filed 03/28/14 Page 1 of 3

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VON S. HEINZ
Nevada Bar No. 859
LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
[phone]
[phone] (fax)
Attorneys for Defendant
Life Insurance Company of North America

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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LINDA MURPHY,

Case No. 2:13-cv-02295-APG-CWH

Plaintiff,

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PARTIES STIPULATED DISCOVERY
PLAN AND SCHEDULING ORDER WITH
PARTICULAR REPRESENTATIONS
AND MODIFICATIONS

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vs.

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LIFE INSURANCE COMPANY OF NORTH
AMERICA, DOES I-X, ROE
CORPORATIONS I-X, inclusive,

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SPECIAL SCHEDULING REVIEW
REQUESTED

Defendant.

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Counsel for all parties participated in a conference on March 26, 2014, for purposes of Fed.

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R. Civ. P. 26(f) and LR 16-1 and 26-1. This conference was attended by Jared B. Anderson,

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counsel for Plaintiff Linda Murphy ("Murphy"), and Von S. Heinz, counsel for Defendant Life

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Insurance Company of North America (“LINA”).

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At this conference, counsel discussed the disclosure obligations of Fed. R. Civ. P. 26(a)(1)

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and the remaining issues contemplated by Fed. R. Civ. P. 26(f) and LR 16-1 and 26-1. Because

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the insurance at issue in this is governed by a fully-qualified ERISA plan, Fed. R. Civ. P.

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26(a)(1)(B)(i) exempts this case from initial disclosure requirements since it is an action for

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review on an administrative record.

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However, as stated below, LINA agrees to provide documents to Murphy and Murphy has

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agreed to provide documents to LINA which would otherwise be discoverable under Rule

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26(a)(1), constituting the administrative record for this matter on or before April 11, 2014 and
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Case 2:13-cv-02295-APG-CWH Document 19 Filed 03/28/14 Page 2 of 3

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April 25, 2014, respectively.

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A.

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DOCUMENT DISCLOSURES RE THE ADMINISTRATIVE RECORD
1.

LINA agrees to provide to Murphy the documents which comprise the

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administrative record for the claim for life insurance benefits submitted by Murphy and which

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would otherwise be discoverable under Rule 26(a), on or before April 4, 2014.

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2.

Murphy agrees to provide to LINA on or before April 18, 2014, those documents

which would otherwise be discoverable under Rule 26(a)(1) and which Murphy believes should be

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included in the administrative record.

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3.

Murphy and LINA will confer after April 18, 2014 to determine the agreed-upon

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contents of the administrative record and, thereafter, on or before April 25, 2014, LINA will

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manually file the administrative record with the Court, pursuant to the Court’s Special Order

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109(III)(G)(5), to be redacted for the sole purpose of removing reference to personal identification

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number and date of birth.

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B.

DISCOVERY PLAN AND SCHEDULING

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Because ERISA governs this matter, Rule 26(a)(1)(B)(i) governs and the case is exempt

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from the initial disclosure obligations of Rule 26(a)(1)(a). This case is also to be presented for a

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summary bench trial. See Mongeluzo v. Baxter Travenol Long Term Disability Benefit Plan, 46

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F.3d 938 (9th Cir. 1995); Kearney v. Standard Ins. Co., 175 F.3d 1084, 1090 (9th Cir. 1999) (en

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banc), cert. denied, 528 U.S. 963 (1999); Nolan v. Heald College, 551 F.3d 1148 (9th Cir. 2009).

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The plaintiff wishes to perform some limited discovery. This discovery consists of written

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discovery requests and depositions regarding the relationship between the insurer and the plan
administrator in order to determine how closely their interests are aligned. The plaintiff also

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wishes to conduct discovery through written discovery requests and depositions regarding the
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relationship between the agent who presented the plan to Mr. Kenneth Murphy and accepted his

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application to sign up for the plan. LINA submits that discovery is inappropriate in an ERISA

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case, and reserves the right to object to any discovery Plaintiff seeks, as well as object that she is

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entitled to conduct discovery at all
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Case 2:13-cv-02295-APG-CWH Document 19 Filed 03/28/14 Page 3 of 3

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C.

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DEADLINE TO AMEND THE PLEADINGS AND ADD PARTIES
The parties agree that any request to amend the pleadings must be made within 90 days of

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the date of the Court's approval of this submission.

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D.

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INTERIM STATUS REPORT
The parties shall file an interim status report, required by LR 26-3, by Friday, May 9, 2014.

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SETTLEMENT
Although the likelihood of settlement cannot be presently established, the parties have

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already discussed case resolution and the possibility of alternative dispute resolution.

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F.

PRETRIAL ORDER

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A pretrial order is not necessary for this case, since it is to be tried in accordance with the

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specialized form of bench trial directed by Kearney and Nolan, supra, and for the Court’s findings

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of fact and conclusions of law, pursuant to Fed. R. Civ. P. 52. The parties will submit a proposed

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trial briefing order, with proposed dates for opening, answering and reply trial briefs, no later than

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Friday, April 25, 2014.

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Dated: March 28, 2014

Dated: March 28, 2014

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STOVALL & ASSOCIATES

LEWIS ROCA ROTHGERBER LLP

By:/s/ Jared B. Anderson
Jared B. Anderson
Nevada Bar No. 9747
2301 Palomino Lane
Las Vegas, NV 89107
Attorneys for Plaintiff

By: /s/ Von S. Heinz
VON S. HEINZ
Nevada Bar No. 859
Suite 600
3993 Howard Hughes Parkway
Las Vegas, Nevada 89169
Attorneys for Defendant
Life Insurance Company of North America

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IT IS SO ORDERED:

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_____________________________
UNITED STATES DISTRICT JUDGE
STATES MAGISTRATE JUDGE

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March 31, 2014
Dated: ________________________

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