Williamson v. Aetna Life Insurance Company

Filing 8

ORDER Granting 7 Proposed Discovery Plan/Scheduling Order. AETNA will disclose a copy of the ERISA administrative record by 1/15/2018. See Order for further deadlines. Signed by Magistrate Judge Carl W. Hoffman on 12/21/2017. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-02653-RFB-CWH Document 7 Filed 12/19/17 Page 1 of 4

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Julie A. Mersch, Esq.
Nevada Bar No. 004695
LAW OFFICE OF JULIE A. MERSCH
701 S.7th Street
Las Vegas, NV 89101
[phone]
Fax [phone]
[e-mail]
Attorney for Plaintiff Sondra Williamson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SONDRA WILLIAMSON

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Plaintiff,
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vs.
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AETNA LIFE INSURANCE COMPANY,
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as Claims Administrator for the Bank of
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America Long-Term Disability Plan; DOES I )
through V; and ROE CORPORATIONS I
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through V, inclusive,
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Defendants.
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)
)

CASE NO.: 2:17-cv-02653-RFB-CWH

DISCOVERY PLAN AND
SCHEDULING ORDER
(Special Scheduling Review
Requested)

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Plaintiff SONDRA WILLIAMSON and Defendant AETNA LIFE INSURANCE

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COMPANY (“AETNA”) jointly request special scheduling review and submit the following

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discovery plan and order for this case.

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I.

Rule 26(f) Conference.

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In accordance with Fed. R. Civ. P. 26(f), a telephonic conference was held on

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December 18, 2017 between Julie A. Mersch, counsel for the Plaintiff, and Ann-Martha

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Andrews, counsel for AETNA. The parties agree that the standard discovery plan is not best

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suited for this lawsuit, for the reasons set forth below. The parties further certify, pursuant to

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LR 26-1(b)(7-8), that they have met and conferred regarding the possibility of using alternate

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dispute-resolution processes and alternate forms of case disposition including consent to trial

DISCOVERY PLAN AND SCHEDULING ORDER (Special Scheduling Review Requested)

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Case 2:17-cv-02653-RFB-CWH Document 7 Filed 12/19/17 Page 2 of 4

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by a magistrate judge and the use of the Short Trial Program. The provisions of LR 26-

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1(b)(9) do not apply as no jury trial is demanded in this matter.

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II.

Nature of Case and Purpose of Special Review.

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This claim involves payment of long-term disability benefits under a group insurance

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plan administered by WILLIAMSON’s employer, Bank of America (Plan Administrator) for

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the benefit of its employees. Bank of America delegated the administration of claims under

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the plan to Defendant AETNA (Claims Administrator). The Plaintiff’s complaint alleges a

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claim under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et

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seq. (“ERISA”), seeking, inter alia, reinstatement of long-term disability benefits terminated

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by AETNA and payment of past benefits. This action is brought pursuant to § 502(a)(1)(B)

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of ERISA (29 U.S.C. §§ 1132 (a)(1)(B)). Discovery may be limited to the administrative

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record for Plaintiff’s administrative claim and appeal. The administrative record consists of

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the information that was before Defendant at the time of its final decision, which includes,

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inter alia, Plaintiff’s medical records, Plaintiff’s arguments for the payment of benefits, the

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Plan Administrator’s and Claim Administrator’s decisions, and the long-term disability plan

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documents.

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No discovery plan and scheduling order is generally required for review of an

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administrative record. LR 16-1(c)(1). An action for an administrative review usually requires

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that the parties file a briefing schedule. LR 16-1(c). Accordingly, the parties jointly request

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that this Court review and adopt the proposed non-standard discovery and case schedule set

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forth below:

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III.

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The parties have conferred and agree as follows:

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A.

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Proposed Plan

Production of the Administrative Record: AETNA will disclose a

copy of the ERISA administrative record by Monday, January 15, 2018.
B.

Meet and Confer Period: WILLIAMSON contends that she is entitled to

DISCOVERY PLAN AND SCHEDULING ORDER (Special Scheduling Review Requested)

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Case 2:17-cv-02653-RFB-CWH Document 7 Filed 12/19/17 Page 3 of 4

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conduct discovery in this matter. AETNA does not concede that discovery is appropriate or

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permissible under the facts of this case.

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Accordingly, WILLIAMSON will notify AETNA by Monday, January 29, 2018 as

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to the type of discovery and scope of discovery that she contends is permissible and should

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be conducted, with reasonable specificity (including proposed written discovery where

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possible). The parties will then meet and confer with each other to (1) identify areas of

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agreement about permissible ERISA discovery; and (2) narrow the discovery requests, if

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possible, to gain agreement about permissible ERISA discovery and narrow areas of dispute

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about permissible areas of ERISA discovery. Any discovery that the parties agree is

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permissible ERISA discovery shall be served by Monday, February 12, 2018.
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Briefing re: ERISA Discovery Disputes: To the extent that, after the meet

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and confer period, the parties disagree as to the permissible scope of discovery and type of

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discovery, on or before Wednesday, February 28, 2018, the parties will simultaneously

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brief the Court and request a ruling on any remaining disputes. Each party will set forth its

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position in no more than 10 pages. If further discovery is permitted, the Court may set a

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reasonable time deadline for completion of discovery at that time.

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D.

Filing of ERISA Administrative Record and Briefing of the Merits of the

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Case: If no discovery briefs are filed under Paragraph III.C., above, on or before

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Wednesday, April 4, 2018, Defendant will file the administrative record with this Court, the

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contents of which will be agreed upon by the parties.

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If a joint administrative record is timely filed and simultaneous motions are not filed

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under Paragraph III.C., above, Plaintiff’s Rule 52 and/or Rule 56 Motion shall be filed by

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Wednesday, May 2, 2018. Defendant’s response will be due on Friday, June 1, 2018, and

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Plaintiff’s reply memoranda will be due Friday, June 15, 2018.

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If discovery motions are filed under Paragraph III.C., above, the deadlines set forth in
this Paragraph III.D. will be suspended. The parties will propose new deadlines after any

DISCOVERY PLAN AND SCHEDULING ORDER (Special Scheduling Review Requested)

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discovery motion has been ruled upon, to take into account any additional discovery time

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permitted.

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IV.

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The parties intend to engage in early settlement discussions, and may agree to a

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Settlement.

mediation or settlement conference.
DATED: December 19, 2017

LAW OFFICE OF JULIE A. MERSCH

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By:
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/s/ Julie A. Mersch
JULIE A. MERSCH
[e-mail]
Nevada Bar No.: 004695
701 S. 7th Street
Las Vegas, NV 89101
Attorney for Plaintiff WILLIAMSON

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DATED: December 19, 2017

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

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By:

/s/ Ann-Martha Andrews
ANN-MARTHA ANDREWS
[e-mail]
Nevada Bar No.
Esplanade Center III, Suite 800
2415 East Camelback Road
Phoenix, AZ 85016
Attorneys for Defendant AETNA

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IT IS SO ORDERED:
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December_21, 2017
Dated this
day of

, 2017.

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UNITED STATES MAGISTRATE JUDGE
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DISCOVERY PLAN AND SCHEDULING ORDER (Special Scheduling Review Requested)

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