Viola v. Sun Life Assurance Company of Canada

Filing 17

ORDER granting 16 Stipulation. Status Conference reset for 5/12/2017 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Signed by Judge Jennifer A. Dorsey on 2/23/2017. (Copies have been distributed pursuant to the NEF - DC)

Case 2:16-cv-01322-JAD-CWH Document 16 Filed 02/22/17 Page 1 of 3

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JILL GARCIA
Nevada Bar No. 7805
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant Sun Life Assurance
Company of Canada

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Julie A. Mersch, Esq.
Nevada Bar No. 4695
[e-mail]
LAW OFFICE OF JULIE A. MERSCH
701 S. 7th Street
Las Vegas, NV 89101
[phone]
Attorney for Plaintiff Ellen Viola

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ELLEN VIOLA,

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Plaintiff,
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v.
SUN LIFE ASSURANCE COMPANY
OF CANADA,
Defendant.

Civil Action No.: 2:16-cv-01322-JAD-CWH
ORDER GRANTING
STIPULATION AND JOINT MOTION
FOR EXTENSION OF STAY PENDING
REMAND FOR FURTHER CLAIM
REVIEW AND CONTINUANCE OF
STATUS CONFERENCE
(Third Request)
ECF No. 16

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Come now the parties and, after conference of counsel, jointly request that the Court
further extend the stay of this matter pending a remand to Defendant for further review of

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Plaintiff’s claim for ERISA long-term disability benefits and to continue the status
conference currently scheduled for March 6, 2017, to a date in early May 2017. In support
hereof, the parties show the Court as follows:
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Case 2:16-cv-01322-JAD-CWH Document 16 Filed 02/22/17 Page 2 of 3

1.

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This is a suit for long-term disability benefits under an ERISA-governed

employee benefit plan pursuant to 29 U.S.C. §1132(a)(1)(B). The parties have exchanged
initial disclosures and have complied with all deadlines to date.

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2.

On November 29, 2016, the parties filed their Stipulation and Joint Motion for

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Stay Pending Remand for Further Claim Review to allow an additional level of review of
Plaintiff’s claim to take into account updated information. The Court granted the motion and
scheduled this matter for a status conference on March 6, 2017.

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3.

Since the Court granted the parties’ motion, Plaintiff submitted her claim for

an additional level of review, and Defendant has been in the process of collecting additional
information as part of the claim review. Defendant informed Plaintiff of the need for an

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independent medical examination but, due to scheduling conflicts, the examination will not
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take place until March 24, 2017.

Once Defendant receives the examination report, it

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anticipates that it will issue a decision by mid-April 2017. To accommodate any

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unanticipated delays, the parties request that the Court continue the status conference to early

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May 2017.

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4.

Once the claim review is completed, if there is still a dispute between the

parties, the parties will propose new briefing deadlines. If there is no further dispute between

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the parties, once the claim review is completed, then the parties will submit a joint request for
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dismissal of this action.

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//

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//

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Case 2:16-cv-01322-JAD-CWH Document 16 Filed 02/22/17 Page 3 of 3

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WHEREFORE, the parties jointly request that the Court extend the stay of this action
and to continue the status conference to a date in early May 2017.
Dated this 22nd day of February, 2017.

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LAW OFFICE OF JULIE A. MERSCH

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

/s/ Julie A. Mersch
Julie A. Mersch
701 S. 7th Street
Las Vegas, NV 89101
Telephone: [phone]
Attorneys for Ellen Viola

/s/ Jill Garcia
Jill Garcia
Wells Fargo Tower, Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]
Attorneys for Sun Life Assurance
Company of Canada

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ORDER

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IT IS parties’ stipulation
Based on the SO ORDERED: [16] and good cause appearing, IT IS HEREBY
ORDERED that the 3/6/17 status conference is CONTINUED to May 12, 2017, at 2:00
p.m.

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February 23, 2017

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UNITED STATES MAGISTRATE JUDGE
_____________________________________
Jennifer Dorsey
Dated:
United States District Judge

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