Free Status Report - District Court of Delaware - Delaware

Case 1 :07-cv—00089-GIVIS Document 8 Filed 06/18/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CARRIE NASH, ;
Plaintiff, I
v. Z; C.A. No. 1:07-cv—00089-GMS
LIFE INSURANCE COMPANY OF *
NORTH AMERICA, ;
Defendant. I
JOINT STATUS REPORT
In accordance with the Court’s Order dated June 13, 2007, counsel for the parties .
have conferred concerning the matters to be considered by the Court at the status and
scheduling conference on Tuesday, June 19, 2007, at 11:00 a.m. The parties, having
considered each of the items set forth in the Order, hereby submit this joint report as
directed by the Court.
1. Jurisdiction and Service
The parties agree that the Court has jurisdiction over the subject matter and
parties involved in this action. Plaintiffs claims relate to an employee welfare benefit
plan, as defined by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §
l 1001 et seq. The Court has original jurisdiction over this action under 29 U.S.C. §
1132(a)(1)(B). All parties are subject to the court’s jurisdiction. There are nolremaining
parties to be served.
2. Substance of the Action
This is an action in which Plaintiff alleges that Defendant has breached a policy of
V life insurance and has refused to make payment according to the terms and conditions of
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Case 1 :07-cv—00089-GIVIS Document 8 Filed 06/18/2007 Page 2 of 4
the policy. Defendant denies any liability to Plaintiff pursuant to the insurance policy at
issue.
3. Identification of Issues
The issues to be resolved in this litigation include breach of a life insurance
policy.
4. Narrowing of Issues
The scope of the issues in this case is limited to the policy in question. Defendant
believes that there are dispositive issues that are appropriate for a motion for summary
_ judgment. Plaintiff believes that there are questions of fact that still remain.
5. Relief
Plaintiff seeks $5 0,000 plus attorney fees, costs and interest.
6. Amendment of Pleadings
The parties presently do not contemplate amendment of the pleadings.
7. Joinder of Parties
The parties presently do not contemplate joinder of any additional parties.
8. Discovery
In connection with Defendant’s Initial Disclosures served on March 15, 2007,
l Defendant provided Plaintiff with the Administrative Record for Plaintiff s insurance
claim. Plaintiff has not provided Defendant with her Initial Disclosures nor any other
discovery.
The parties both agree that discovery would be minimal. At this stage, Defendant
is not able to ascertain the extent of the discovery it would seek because Plaintiff has not
provided her Initial Disclosures. Presumably, discovery would be limited to a small
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Case 1 :07-cv—00089-GIVIS Document 8 Filed 06/18/2007 Page 3 of 4
amount of documents and a few depositions. Discovery should consume as little time
and cost as possible.
9. Estimated Trial Length
Should the case proceed to trial, the parties estimate a one-day trial. The issues
— are straightforward, and therefore the parties do not believe that it is possible to reduce
the length of trial by stipulations, use of summaries or statements, or other expedited
_, means of presenting evidence.
10. Jury Trial
This case does not involve a jury trial. All issues will be presented to the Court,
should it to proceed to trial.
11. Settlement
There have been settlement discussions, and the parties reached an agreement in
A principle on April 5, 2007. Defendant provided Plaintiff with a Settlement and Release
agreement on April 6, 2007. To date, Plaintiff has not signed the Settlement and Release
agreement, despite repeated requests from Defendant. In light of this agreement in
principle, the parties do not believe there is a need for referral to a Magistrate for I
mediation or other ADR mechanism.
12. Other matters
The parties agree that there are no other matters conducive to the just, speedy, and
I inexpensive determination of this action.
`
13. Statement
The parties have conferred about each of the above matters.
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Case 1 :07-cv—00089-GIVIS Document 8 Filed 06/18/2007 Page 4 of 4 V
SILVERMAN, MCDONALD & CONNOLLY BOVE LODGE AND HUTZ LLP
FRIEDMAN
/s/ Brian E. Lumess /s/ Ryan P. Newell
Brian E. Lutness, Esquire (# 3572) Ryan P. Newell, Esquire (# 4744)
1010 N. Bancroft Parkway 1007 N. Orange Street
Suite 22 P.O. Box 2207
Wilmington, DE 19805 Wilmington, DE 19899
(302) 888-2900 (302) 658-9141
Attorney for Plaintw Attorneyfor Dejkndant
Dated: June 18, 2007 Dated: June 18, 2007
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