Opinion
Civil Action No. 10-cv-00735-PAB-MEH.
April 21, 2010
ORDER SETTING HEARING UNDER FED. R. CIV. P. 16
This matter comes before the Court upon a Complaint filed by the Plaintiff seeking to recover benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). In light thereof, a hearing pursuant to Fed.R.Civ.P. 16(b) and D.C.COLO.LCivR 16.1 is appropriate. It is
ORDERED that:
1. A hearing is set for May 12, 2010 at 9:00 a.m. in Courtroom A701 at the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. This is not a scheduling conference. The parties should not submit a proposed scheduling order.
2. At least ten days prior to the hearing, the parties shall meet and confer and file a joint statement addressing the following issues: Administrative Record Standard of Review Expedited Procedure
: • Whether the parties agree upon the administrative record. • How much time the parties need to compile and file the administrative record. : • Whether the parties agree upon the standard of review. If so, what is the standard of review? If there is a disagreement, state the parties' positions. • Whether the parties agree that this case is amenable to an expedited determination based upon the administrative record and consideration of opposing briefs.