Opinion
22-CV-4480 (JMF)
09-01-2022
MICHAEL MCELFRESH, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY, Defendant.
ORDER
JESSE M. FURMAN, United States District Judge
As stated during the teleconference held earlier today:
• The parties shall file a joint letter within two weeks from the date of today's Order indicating whether:
o The parties agree that venue is improper in the Southern District of New York, and if so, including a stipulation and proposed order for transfer;
o The parties agree that venue is proper in the Southern District of New York; or o The parties disagree as to whether venue in this District is proper, and if so, including a proposed briefing schedule to address the issue.
• Defendant shall produce the Administrative Record to Plaintiff within two weeks from the date of today's Order.
• Assuming the case remains in the Southern District of New York, within two weeks after the production of the administrative record, the parties shall submit a joint letter that includes the following:
o Whether there is a need or basis for limited discovery beyond the Administrative Record and, if so, whether there is any disagreement as to its scope and proposing a schedule for its production;
o If no discovery is necessary, the parties shall propose a briefing schedule for motions for judgment on the pleadings that minimizes the number and page length of brief - that is, where one side files an initial motion; the other side files a cross-motion, supported by a single, consolidated memorandum of law1
in support of the cross motion and in opposition to the initial motion; the initial moving party files a single, consolidated memorandum of law in reply and in opposition to the cross-motion; and the cross-moving party files a reply;
o What, if anything, the Court can do to facilitate settlement, including referring the parties to a magistrate judge or the court-annexed mediation program.
SO ORDERED. 2