Brown v. Boeing Company
Filing
83
ORDER granting parties' 82 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)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
7
8
9
ARLENE M. BROWN,
NO. C17-1354 RSM
Plaintiff,
10
11
12
STIPULATED MOTION AND ORDER
TO EXTEND DEADLINES ON
REMAND
v.
THE BOEING COMPANY and EMPLOYEE
BENEFIT PLANS COMMITTEE,
13
Defendants.
14
STIPULATED MOTION TO EXTEND DEADLINES ON REMAND
15
16
17
18
19
20
21
22
23
The Parties hereby file this stipulated motion pursuant to LCR 7(d)(1) and 10(g) to
request that the Court extend the deadlines previously set for the remand of Plaintiff’s claim for
benefits to Defendant the Employee Benefit Plans Committee (“Committee”). The Parties
respectfully submit that good cause exists to extend the deadlines on remand while the Parties
explore alternate methods of resolving this matter. In support of their Stipulated Motion, the
Parties state as follows:
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
105 days of the Court entering an order staying the federal court proceedings in this matter,
STIPULATED MOTION AND ORDER TO EXTEND DEADLINES ON
REMAND
TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. 206.682.5600 FAX 206.682.2992
1
“Plaintiff (through her counsel) shall . . . submit any comments, documents, records, or other
2
information she so chooses to the Committee for its review.” ECF 76 at 2–3. The Parties further
3
agreed that the Committee would “then have 60 days to render its determination on Plaintiff’s
4
claim, which may be extended an additional 60 days pursuant to 29 C.F.R. § 2560.503-
5
1(i)(1)(i).” Id. at 3.
6
2.
The Court entered an order granting the Parties’ Stipulated Motion to Stay Case
7
Pending Remand to Employee Benefit Plans Committee on June 4, 2019. ECF 77. The Court
8
directed the Parties to file a joint status report within 180 days of entry of the order. Id. The
9
proceedings in this matter have therefore been stayed pending a remand to the Employee
10
11
Benefit Plans Committee of Plaintiff’s administrative claim.
3.
Plaintiff’s initial deadline to submit any comments, documents, records, or other
12
information to the Committee for its review was September 17, 2019. The Parties agreed and
13
stipulated that good cause existed to extend that deadline, and on September 16, 2019, they
14
made a stipulated motion to extend those deadlines on remand. See ECF 78. The Court granted
15
the Motion, see ECF 79, and Plaintiff’s deadline to provide materials to the Employee Benefit
16
Plans Committee for Review is October 17, 2019. The Court thereafter granted a further motion
17
to extend Plaintiff’s deadline to November 18, 2019. See ECF 81.
18
4.
The Parties hereby stipulate and agree that good cause exists to extend
19
Plaintiff’s November 18, 2019 deadline to provide materials to the Employee Benefit Plans
20
Committee by one more week. The Parties therefore stipulate to extend that deadline to
21
November 25, 2019.
22
23
4.
The Parties further agree that the Committee will then have 60 days to render its
determination on Plaintiff’s claim, which may be extended an additional 60 days pursuant to
STIPULATED MOTION AND ORDER TO EXTEND DEADLINES ON
REMAND
TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. 206.682.5600 FAX 206.682.2992
1
29 C.F.R. § 2560.503-1(i)(1)(i).
5.
2
The Parties have been ordered to file a joint status report no later than January 3,
3
2020, see ECF 79, and they respectfully propose that their status report deadline remain the
4
same.
5
6
WHEREFORE, the Parties jointly ask the Court to extend the Parties’ deadlines on
remand as set forth above.
7
IT IS SO STIPULATED.
8
DATED this 18th day of November, 2019.
9
11
12
13
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.: 312.324.1000
Fax: 312.324.1001
deborah.davidson@morganlewis.com
hillary.august@morganlewis.com
Attorneys for Plaintiff
10
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.: 206.682.5600
Fax: 206.682.2992
calvord@tousley.com
kpowell@tousley.com
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.: 206.876.5301
Fax: 206.693.7058
laurence.shapero@ogletree.com
14
15
16
17
18
19
20
21
22
23
Attorneys for Defendants The Boeing
Company and The Boeing Company
Employee Benefit Plans Committee
ORDER
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.
STIPULATED MOTION AND ORDER TO EXTEND DEADLINES ON
REMAND
TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. 206.682.5600 FAX 206.682.2992
1
DATED this 20th day of November 2019.
2
A
3
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
4
5
6
Presented by:
7
TOUSLEY BRAIN STEPHENS PLLC
8
9
s/Kaleigh N. Powell
Chase C. Alvord, WSBA # 26080
Kaleigh N. Powell, WSBA # 52684
10
Attorneys for Plaintiff
11
MORGAN, LEWIS & BOCKIUS LLP
12
13
s/Hillary E. August
Deborah S. Davidson (pro hac vice)
Hillary E. August (pro hac vice)
14
15
16
OGLETREE DEAKINS NASH
SMOAK & STEWART, P.C.
s/Laurence A. Shapero
Laurence A. Shapero, WSBA #31301
17
18
Attorneys for Defendants The Boeing Company and
The Boeing Company Employee Benefit Plans Committee
19
20
21
22
23
STIPULATED MOTION AND ORDER TO EXTEND DEADLINES ON
REMAND
TOUSLEY BRAIN STEPHENS PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
TEL. 206.682.5600 FAX 206.682.2992
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?