Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00056-SLR Document 12 Filed 06/26/2007 Page 1 of 1
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jane 26, 2007
Vin HAND Dsilrrsnr a.rto`i1CF
Clrietlludge Sue L. Robinson
United States District Court
for the District of Delaware
844 King Street
Wilmington, `Delaware 1980i
Re: Philiips v. i\/letropolitan Life insurance Co.,
D. Del., Civil Action No. 0?»·cv—00056—S.LR
Dear judge Robinson:
Pnrsnant to the Courts Order for Scheduling Conference dated May 22, 2007 (9.1. E0),
enclosed piease rind a copy ot` the proposed scheduling order agreed upon by the parties, which
is based upon the term scheduling order found on your Honor’s webpage. The parties have
modified your form scheduling order hecause (1) the parties request that your Honor
immediately refer this matter to Magistrate Judge Thynge for mediation and {2) the type of
ERISA claims set forth in piaiiitil? s complaint generaliy involve limited. streamlined discovery.
With regard to the tirst point, given the open dialogue between the parties to date, the parties
desire to mediate this matter prior to engaging in greater discovery and are hopefui that
mediation wilt result in the settlement of this matter and the avoidance ot` unnecessary litigation.
In addition, the parties have completed the early disclosure recniirements set Forth in
paragraph 2 of the Order for Scheduling Conterence. The parties will be available to answer
questions from the Court about this letter or other scheduling rnatters during the conference on
Thursday, June 28, 2007 at 8:15 a.m.
Respectfuiiy,
/s/ Phillip T. Mellet
Philtip T. Mellet
`linclosure
cc: John S. Grady, Esq. (via entail and ECP)
Ediiladeipl-iizi Boston Washington, 1`}.C. Detroit New Yorir .[’irr.sburgh
Eervvyu Harrisburg Orange County Princeton Wiimingron
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Case 1 :07-cv—00056-SLR Document 12-2 Filed 06/26/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DIANA PHILLIPS, :
: CIVIL ACTION
Plaintiff, :
v. NO. 07—cv~00056~SLR
METROPOLITAN LIFE INSURANCE
COMPANY, :
Deiiendant.
SCHEDULING ORDER
On this ______ day of , 2007, the parties having satisfied their
obiigations under Fed. R. Civ. P. 26(f), and the court having conducted a pretrial scheduling
conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR i6.2(a) and (b).
IT IS ORDERED that:
1. Pre»Discovery Disciosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(1) and D. Dei. LR 16.2.
2. Discovery.
a. Discovery wifi be needed on the foiiowing subjects. The
administrative record relating to Defendants decision on Plaintiii"’s claim for disability benehts
and the standard of review.
h. Ali discovery shali be commenced in time to be completed by
September 26, 2007.
c. Maximum of 25 interrogatories by each party to any other party.
d. Maximum of 10 requests for admission by each party to any other
party.

Case 1 :07-cv—00056-SLR Document 12-2 Filed 06/26/2007 Page 2 of 2
e. No depositions are anticipated at this time.
f. No expert reports are anticipated at this time.
g. Discovery Disputes. Any discovery dispute shall be submitted to
the court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is limited to
two (2) Rule 37 motions. The court shall make itseif availabie, however, to resolve through a
telephone conference, disputes that arise during the course of a deposition and disputes relating
to entry of a protective order.
3. Joinder of other Parties, Amendment of Pleadings, and Ciass
Certification. None anticipated at this time.
4. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is
referred to Magistrate Judge "fhynge for the purposes of exploring ADR.
5. Summary Judgment Motions. The parties are to serve and tile cross
summary judgment motions with an opening brief on or before November 26, 2007. Briefing
shail be pursuant to D. Del. LR 7.l.2. No summary judgment motion may be tiled more than ten
(10) days from the above date without leave ofthe court. Briefs in opposition shall be served
and tiled on or before January li, 2008.
6. Application by Motion. Any application to the court shali be by written
motion filed with the clerk. Unless otherwise requested by the court, counsel shail not deliver
copies of papers or correspondence to chambers. Any nomdispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
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