Dahmen v. Liberty Mutual Insurance Company

Filing 124

ORDER GRANTING STAY; granting 120 Motion to Expedite; granting 121 Motion for Extension of Time; granting 122 Second Motion to Expedite; granting 123 Motion to Stay; striking 80 Motion for Partial Summary Judgment; striking 101 Motion for Summary Judgment; striking 105 Motion for Summary Judgment; striking 110 Motion for Summary Judgment. Signed by Judge Stanley A Bastian. (CV, Case Administrator)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 TIMOTHY DAHMEN, a married man,
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Plaintiff,

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v.

No. 2:15-cv-00076-SAB

12 LIBERTY MUTUAL GROUP, INC., a
13 Massachusetts corporation; LIBERTY
14 MUTUAL INSURANCE COMPANY, a
15 Massachusetts corporation and wholly
16 owned subsidiary of Liberty Mutual
17 Group; LIBERTY LIFE ASSURANCE
18 COMPANY OF BOSTON, a
19 Massachusetts corporation and wholly
20 owned subsidiary of Liberty Mutual
21 Group; LIBERTY MUTUAL SHORT
22 TERM DISABILITY PLAN, a disability
23 plan under ERISA statutes; and LIBERY
24 MUTUAL LONG TERM DISABILITY
25 PLAN, a disability plan under federal
26 ERISA statutes,
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Defendants.

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ORDER GRANTING STAY ^ 1

ORDER GRANTING STAY

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Before the Court is the parties’ Stipulated Motion for an Extension of Time,

2 ECF No. 121; a related motion to expedite, ECF No. 120; a Stipulated Motion to
3 Stay Action Pending Administrative Review, ECF No. 123; and a related motion
4 to expedite, ECF No. 122.
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The parties request a stay of this action to allow for the administrative

6 review of Plaintiff’s newly-filed long-term disability claims. Because the parties
7 have stipulated to a stay, and because a stay will conserve the resources of both the
8 parties and the Court, and possibly allow for the amicable settlement of the case,
9 the Court grants the motion to stay.
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Given that the parties are processing Plaintiff’s long-term disability claim

11 under an administrative review, and that discovery on the conflicts of interest issue
12 needs to take place to properly review these claims, the Court grants the parties’
13 request to extend discovery. No parties’ right to discovery shall be prejudiced by
14 this order.
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Accordingly, IT IS HEREBY ORDERED:

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1. The parties’ Stipulated Motion for an Extension of Time, ECF No. 121, is

17 GRANTED.
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2. The parties’ Stipulated Motion to Expedite, ECF No. 120, is GRANTED.

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3. The parties’ Stipulated Motion to Stay Action Pending Administrative

20 Review, ECF No. 123, is GRANTED.
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4. The parties’ second Stipulated Motion to Expedite, ECF No. 122, is

22 GRANTED.
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5. This action is STAYED until either Plaintiff or Defendants notify the

24 Court that the stay should be lifted following the filing and exhaustion of the long25 term disability claim, or following a stipulated dismissal. The current bench trial
26 date of January 27, 2017, is VACATED.
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6. The terms establishing by the parties, set forth at ECF No. 23 at 2-3, shall

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ORDER GRANTING STAY ^ 2

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7. All pending discovery requests and discovery deadlines are STAYED.

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8. Given that this case is now stayed, and that the parties’ pending motions

3 for summary judgment involve inconsistent standards of law that may not reflect
4 the Court’s prior orders, the Court believes that these motions should be struck
5 and re-filed at a later date. Thus the parties’ motions for summary judgment, ECF
6 Nos. 80, 101, 105, and 110, are STRUCK without prejudice. If, upon notice from
7 the parties, the stay is lifted from this case, the parties may re-file and re-note these
8 motions, in their current form or edited, without any prejudice to deadlines, or the
9 issues or arguments therein.
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IT IS SO ORDERED. The District Court Executive is hereby directed to

11 file this Order and provide copies to counsel.
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DATED this 15th day of December, 2016.

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Stanley A. Bastian

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United States District Judge

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ORDER GRANTING STAY ^ 3