Opinion
No. 01-0423
June 22, 2001
ORDER
This matter comes before the court on the defendant's objections and appeal to the district court of the magistrate judge's June 8, 2001 discovery rulings. Upon consideration of the parties' submissions and for the reasons stated herein, it is hereby:
ORDERED that the motion objecting to the June 8, 2001 magistrate judge ruling is DENIED.
Background Facts
This case concerns the denial of life insurance benefits. Joan H. Cox, sought to receive insurance monies from the defendant Reliance Standard Life Insurance Company ("RSLI") after her husband, Brian J. Cox, was shot and killed by police officers. Although the details of his death are disputed, Mr. Cox was allegedly killed after he broke into his own home and then approached police officers with a loaded rifle. RSLI refused to pay benefits claiming that Mr. Cox died during the commission of a felony and thus was exempt from coverage.
Discussion
On June 8, 2001, the magistrate judge denied RSLI's motion for a protective order and to quash notice of deposition. The magistrate judge based her decision on the ground that the court has not yet ruled on which standard of review it will apply to the case. This court agrees finding that the inquiries made in the discovery request address factors bearing on all possible review standards allowed under ERISA: abuse of discretion, modified abuse of discretion and certainly de novo review. Accordingly, the objection to the June 8, 2001 discovery order is denied.
Conclusion
For the foregoing reasons, the court denies the motion appealing the magistrate judge's June 8, 2001 ruling denying the defendant's motion for a protective order and to quash notice of deposition.