Opinion
Case No.: CV 11-1562 (PJH)
11-03-2011
Linda DOLAN, Plaintiff, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, Defendant.
James P. Keenley (State Bar No. 253106) Emily A. Bolt (State Bar No. 253109) BOLT • KEENLEY - ATTORNEYS AT LAW Attorneys for Plaintiff Linda M. Lawson (Bar No. 77130) Allison Vana (Bar No. 228282) MESERVE, MUMPER & HUGHES LLP Attorneys for Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
James P. Keenley (State Bar No. 253106)
Emily A. Bolt (State Bar No. 253109)
BOLT • KEENLEY - ATTORNEYS AT LAW
Attorneys for Plaintiff
Linda M. Lawson (Bar No. 77130) Allison Vana (Bar No. 228282) MESERVE, MUMPER & HUGHES LLP
Attorneys for Defendant
THE PRUDENTIAL INSURANCE COMPANY
OF AMERICA
STIPULATION REGARDING DISCOVERY AND THE STANDARD OF
REVIEW; [PROPOSED] ORDER APPROVING STIPULATION
WHEREAS, on September 1, 2011, the parties participated in a case management conference during which the Court ordered the parties to resolve issues pertaining to the applicable standard of review in 60 days; and
WHEREAS, the parties have met and conferred regarding the standard of review and related issues and have reached an agreement as to the applicable standard of review and scope of discovery;
IT IS THEREFORE STIPULATED AS FOLLOWS:
The parties agree that the Court should apply a de novo standard of review to Plaintiff's claim and, if this stipulation is approved by the Court, that no discovery will be conducted. The parties reserve the right to bring evidentiary motions related to the content of the administrative record within the motions deadline already established by the Court.
BOLT • KEENLEY - ATTORNEYS AT LAW
By: James P. Keenley
Attorneys for Plaintiff
MESERVE, MUMPER & HUGHES LLP
By: Linda M. Lawson
Allison Vana
Attorneys for Defendant
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA
[PROPOSED] ORDER APPROVING STIPULATION
The Court, having considered the submissions of the parties and good cause showing, approves the parties' stipulation as to the appropriate standard of review and scope of discovery. The Court will apply a de novo standard of review to Plaintiff's claim and there will be no discovery by either party.
IT IS SO ORDERED.
Judge Phyllis J. Hamilton