Brown v. Boeing Company

Filing 79

ORDER granting parties' 78 Stipulated Motion to Extend Deadlines on Remand. The Parties are directed to file a joint status report no later than January 3, 2020. Signed by Judge Ricardo S. Martinez. (PM)

The Honorable Ricardo S. Martinez

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ARLENE M. BROWN,
NO. C17-1354-RSM

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Plaintiff,
v.
THE BOEING COMPANY and EMPLOYEE
BENEFIT PLANS COMMITTEE,
Defendants.

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STIPULATED MOTION TO
EXTEND DEADLINES ON
REMAND

STIPULATED MOTION TO EXTEND DEADLINES ON REMAND
The Parties hereby file this stipulated motion pursuant to LCR 7(d)(1) and 10(g) to

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request that the Court extend the deadlines previously set for the remand of Plaintiff’s claim for

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benefits to Defendant the Employee Benefit Plans Committee (“Committee”). The Parties

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respectfully submit that good cause exists to extend the deadlines on remand while the Parties

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explore alternate methods of resolving this matter. In support of their Stipulated Motion, the

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Parties state as follows:

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1.

On June 3, 2019, the Parties made a Stipulated Motion to Stay Case Pending

Remand to Employee Benefit Plans Committee. ECF 76. The Parties therein agreed that, within

STIPULATED MOTION TO EXTEND DEADLINES ON REMAND
(C17-1354-RSM) - 1

TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. [phone]  FAX [phone]

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105 days of the Court entering an order staying the federal court proceedings in this matter,

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“Plaintiff (through her counsel) shall . . . submit any comments, documents, records, or other

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information she so chooses to the Committee for its review.” ECF 76 at 2–3. The Parties further

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agreed that the Committee would “then have 60 days to render its determination on Plaintiff’s

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claim, which may be extended an additional 60 days pursuant to 29 C.F.R. § 2560.503-

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1(i)(1)(i).” Id. at 3.

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2.

The Court entered an order granting the Parties’ Stipulated Motion to Stay Case

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Pending Remand to Employee Benefit Plans Committee on June 4, 2019. ECF 77. The Court

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directed the Parties to file a joint status report within 180 days of entry of the order. Id. The

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proceedings in this matter have therefore been stayed pending a remand to the Employee

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Benefit Plans Committee of Plaintiff’s administrative claim, and the Parties must file a joint

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status report no later than December 2, 2019.

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3.

Plaintiff’s deadline to submit any comments, documents, records, or other

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information she so chooses to the Committee for its review is September 17, 2019. The Parties

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hereby agree and stipulate that good cause exists to extend that deadline. The Parties therefore

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stipulate to extend the deadline for Plaintiff to provide materials to the Employee Benefit Plans

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Committee for Review on Remand to October 17, 2019.

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4.

The Parties further agree that the Committee will then have 60 days to render its

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determination on Plaintiff’s claim, which may be extended an additional 60 days pursuant to

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29 C.F.R. § 2560.503-1(i)(1)(i).

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5.

The Parties respectfully propose filing a joint status report no later than January

3, 2020.
WHEREFORE, the Parties jointly ask the Court to extend the Parties’ deadlines on

STIPULATED MOTION TO EXTEND DEADLINES ON REMAND
(C17-1354-RSM) - 2

TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. [phone]  FAX [phone]

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remand as set forth above.

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IT IS SO STIPULATED.

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DATED this 16th day of September, 2019.

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By: s/Hillary E. August
MORGAN, LEWIS & BOCKIUS LLP
Deborah S. Davidson (pro hac vice)
Hillary E. August (pro hac vice)
77 West Wacker Drive
Chicago, Illinois 60601
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff

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By: s/Kaleigh N. Powell
TOUSLEY BRAIN STEPHENS PLLC
Chase C. Alvord, WSBA # 26080
Kaleigh N. Powell, WSBA # 52684
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

By: s/Laurence A. Shapero
OGLETREE DEAKINS NASH
SMOAK & STEWART, P.C.
Laurence A. Shapero, WSBA #31301
1201 Third Avenue, Suite 5150
Seattle, WA 98101
Tel.: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendants The Boeing
Company and The Boeing Company
Employee Benefit Plans Committee

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STIPULATED MOTION TO EXTEND DEADLINES ON REMAND
(C17-1354-RSM) - 3

TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. [phone]  FAX [phone]

ORDER

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The Court hereby grants the Parties’ Stipulated Motion to Extend Deadlines on
Remand. The Parties are directed to file a joint status report no later than January 3, 2020.
IT IS SO ORDERED this 17 day of September 2019.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
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TOUSLEY BRAIN STEPHENS PLLC
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s/Kaleigh N. Powell
Chase C. Alvord, WSBA # 26080
Kaleigh N. Powell, WSBA # 52684

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Attorneys for Plaintiff
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MORGAN, LEWIS & BOCKIUS LLP
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s/Hillary E. August
Deborah S. Davidson (pro hac vice)
Hillary E. August (pro hac vice)

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OGLETREE DEAKINS NASH
SMOAK & STEWART, P.C.
s/Laurence A. Shapero
Laurence A. Shapero, WSBA #31301

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Attorneys for Defendants The Boeing Company and
The Boeing Company Employee Benefit Plans Committee

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STIPULATED MOTION TO EXTEND DEADLINES ON REMAND
(C17-1354-RSM) - 4

TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. [phone]  FAX [phone]