Benson v. Hartford Life and Accident Insurance Company

Filing 38

MEMORANDUM DECISION AND ORDER Returning the Matter to the Magistrate Judge. The hearing set for October 18, 2010 is STRICKEN. See Order for Details. Signed by Judge Ted Stewart on 10/5/2010. (las)

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Benson v. Hartford Life and Accident Insurance Company Doc. 38 IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION MICHAEL T. BENSON, Plaintiff, MEMORANDUM DECISION AND ORDER RETURNING THE MATTER TO THE MAGISTRATE JUDGE vs. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. Case No. 2:10-CV-275 TS This matter is before the Court on Defendant's Objection to the Magistrate Judge's Discovery Order.1 In his Discovery Order, the Magistrate Judge allowed discovery in this ERISA case.2 In its initial objection, Defendant argued that discovery was inappropriate and that the scope of discovery permitted by the Magistrate Judge was overly broad. After the parties completed their briefing on Defendant's Objection, the Tenth Circuit Court of Appeals issued its decision in Murphy v. Deloitte & Touche Group Insurance Plan.3 In 1 Docket No. 24. Docket No. 20. 2010 WL 3489673 (10th Cir. Sept. 8, 2010). 1 2 3 that case, the Tenth Circuit "clarif[ied] the appropriate standard for discovery related to a dual role conflict of interest."4 The parties have now submitted supplemental briefing on the impact of Murphy on the Magistrate Judge's Discovery Order. Having reviewed the parties' arguments, including their supplemental briefs, the Court finds that the most sensible approach is to return this matter to the Magistrate Judge for further proceedings. Rather than this Court reviewing the Magistrate Judge's Discovery Order in light of Murphy, a decision not available when the Magistrate Judge made his decision, the Court finds it appropriate to return this matter to the Magistrate Judge so that he may consider Murphy in the first instance. It is therefore ORDERED that this matter be returned to the Magistrate Judge for further proceedings. The hearing set for October 18, 2010, is STRICKEN. DATED October 5, 2010. BY THE COURT: _____________________________________ TED STEWART United States District Judge 4 Id. at *4. 2

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