Opinion
Civ. 23-0199 DHU/KK
05-30-2023
ANDREA L. GONZALES, Plaintiff, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, et al., Defendants.
ORDER SETTING BRIEFING SCHEDULE
KIRTAN KHALSA UNITED STATES MAGISTRATE JUDGE
THIS MATTER came before the Court sua sponte upon review of the Joint Status Report and Provisional Discover Plan. (Doc. 15.) The Court, having considered the pleadings of record, the applicable law, and being otherwise fully advised, FINDS that ERISA governs the claims set forth in Plaintiff's Complaint. Further, the Court finds that good cause exists for setting a briefing schedule at this time. See generally Jewell v. Life Ins. Co. of N. Am., 508 F.3d 1303, 1308-09 (10th Cir. 2007) (judicial review of ERISA claims is confined to administrative record unless “exceptional circumstances warrant the admission of additional evidence”); Hall v. UNUM Life Ins. Co. of Am., 300 F.3d 1197, 1202 (10th Cir. 2002) (same).
IT IS THEREFORE ORDERED that:
1. Plaintiff shall amend and join additional parties by written consent or seek the Court's leave to amend and join additional parties in compliance with Fed.R.Civ.P. 15(a)(2) by Monday, July 31, 2023.
2. Defendants shall amend and join additional parties by written consent or seek the Court's leave to amend and join additional parties in compliance with Fed.R.Civ.P. 15(a)(2) by Monday, August 14, 2023.
3. Defendant shall disclose the Administrative Record in this matter to Plaintiff by Thursday, June 22, 2023.
4. Defendant shall file under seal an indexed and numbered copy of the Administrative Record in this matter by Thursday, July 13, 2023;
5. Discovery will be permitted only with the Court's leave. Motions for leave to serve discovery relating to the adequacy or completeness of the Administrative Record, the scope and impact of a dual-role conflict of interest, or Plaintiff's claim of right to de novo review, if any, shall be filed by Tuesday, June 30, 2023;
6. If no motion for discovery is filed by the Tuesday, June 30, 2023, the following briefing schedule will apply:
Plaintiff's opening brief shall be filed by Monday, July 31, 2023;
Defendants' response brief shall be filed by Thursday, August 31, 2023; and
Plaintiff's reply brief shall be filed by Friday, September 15, 2023.
IT IS SO ORDERED.