Williamson v. Aetna Life Insurance Company

Filing 16

ORDER granting 15 Stipulation to Extend Deadlines (see order for details); Signed by Magistrate Judge Carl W. Hoffman on 6/21/2018. (Copies have been distributed pursuant to the NEF - JM)

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Ann-Martha Andrews, SBN 7585
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
Telephone: [phone]
[e-mail]
Attorneys for Defendant Aetna Life Insurance Company

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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Sondra Williamson,

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Plaintiff,

2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
[phone]

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

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No. 2:17-CV-02653-RFB-CWH

vs.
Aetna Life Insurance Company, as Claims
Administrator for the Bank of America
Long-Term Disability Plan; Does I
through V; Roe Corporations I through V,
inclusive,

STIPULATION AND ORDER TO
EXTEND DEADLINES
(THIRD REQUEST)

Defendants.

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Defendant Aetna Life Insurance Company and Plaintiff Sondra Williamson

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hereby jointly stipulate and move for an order amending the Court’s Scheduling

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Order (ECF 8) pursuant to LR 26-4. This request is made in the interest of justice,

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in order to correct an error made by the defendant’s counsel in production of the

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ERISA Administrative Record before the briefing commences.

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I.

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Discovery Completed/Remaining
This Court entered its Scheduling Order on December 21, 2017. (ECF 8). In

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accordance with the schedule, Aetna’s counsel produced a copy of the ERISA

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Administrative Record to Williamson’s counsel on January 15, 2018. Also in

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accordance with the schedule, Aetna filed a copy of the Administrative Record with

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the Court on April 4, 2018. (ECF 12). The original briefing schedule was adjusted

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slightly. (ECF 10, 14).

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II.

Reason for Request for Extension

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Aetna’s counsel has recently become aware that, due to a mistake by

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counsel, the ERISA Administrative Record produced to Williamson’s counsel was

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substantially incomplete. The same incomplete record was filed with the Court.

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Aetna’s counsel notified Williamson’s counsel of the error.

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III.

Proposed Discovery Schedule

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The parties now request that in order to ensure that Williamson’s counsel and

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the Court have access to the complete Administrative Record, the Scheduling Order

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be amended as follows:
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2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
[phone]

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

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Aetna will produce the complete Administrative Record to

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Williamson’s counsel by Friday, June 8, 2018 (original deadline:

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January 15, 2018).
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Aetna will file the complete Administrative Record with the Court by
Friday, June 22, 2018 (original deadline: April 4, 2018).

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Williamson’s opening brief on the merits of the ERISA claim will be
due on Friday, July 6, 2018 (currently due June 1, 2018).

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Aetna’s opposition brief on the merits of the ERISA claim will be due
on Friday, August 24, 2018 (currently due July 2, 2018).

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Williamson’s reply brief on the merits of the ERISA claim will be due
on Friday, September 21, 2018 (currently due July 16, 2018).

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The undersigned represent to the Court that this request for extension is

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made in good faith and not for purposes of delay.

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Accordingly, the parties jointly request the Court to adopt the proposed
scheduling deadlines as indicated above.
DATED this 30th day of May 2018.

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

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By:

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Attorneys for Defendant Aetna Life
Insurance Company

2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
[phone]

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

/s/ Ann-Martha Andrews
Ann-Martha Andrews
2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016

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DATED this 30th day of May 2018.

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LAW OFFICE OF JULIE A. MERSCH

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By:

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/s/ Julie A. Mersch
Julie A. Mersch
701 S. 7th Street
Las Vegas, Nevada 89101

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Attorneys for Plaintiff Sondra Williamson

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IT IS SO ORDERED.

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DATED: ______________

June 21, 2018

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C.W. HOFFMAN, JR.
UNITED STATES MAGISTRATE JUDGE

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CERTIFICATE OF SERVICE
I hereby certify that on the 30th day of May 2018, I electronically

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transmitted the attached document to the Clerk’s Office using the CM/ECF System

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for filing and transmittal of a Notice of Electronic Filing was sent to the following

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CM/ECF registrant:

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2415 East Camelback Road, Suite 800
Phoenix, Arizona 85016
[phone]

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

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Julie A. Mersch, Esq.
Law Office of Julie A. Mersch
701 S. 7th Street
Las Vegas, NV 89101
[e-mail]
Attorneys for Plaintiff Sondra Williamson

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/s/ Diane M. Kelly
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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34279813.1

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