Free Status Report - District Court of Connecticut - Connecticut

Case 3:01-cv-02361-MRK

Document 120

Filed 06/01/2005

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : Plaintiff, : v. : : CIGNA CORP. and CIGNA : PENSION PLAN, : Defendants. : JANICE C. AMARA, individually and on behalf of others similarly situated,

3:01 CV 2361 (MRK)

JOINT STATUS REPORT Plaintiff Janice C. Amara ("Plaintiff") and Defendants CIGNA Corporation ("CIGNA") and CIGNA Pension Plan ("the Plan") (collectively the "Defendants"), by and through counsel, submit this Joint Status Report pursuant to the Court's Order of April 21, 2005. A. Progress of Discovery

On May 2, 2005, Defendants produced the portions of the "exemplars" that the Court ordered to be produced at the hearing on April 20, 2005 on Defendants' assertions of attorneyclient privilege and work product protection. Defendants produced other documents on their Privilege Logs consistent with the Court's rulings and April 21, 2005 Order on June 1, 2005. Plaintiffs served a second set of document requests on May 13, 2005 and twenty interrogatories with a related document request on May 31, 2005. Plaintiffs are noticing three individual depositions of Arthur Assantes, Stewart Beltz, and Denise Hill and two Rule 30(b)(6) depositions on CIGNA's compliance with ERISA §204(g) and the William Mercer company's consulting advice to CIGNA for June 2005.

Case 3:01-cv-02361-MRK

Document 120

Filed 06/01/2005

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Defendants are noticing the deposition of Gisela Broderick, the new named plaintiff for the same time period. Plaintiffs have agreed to produce Ms. Broderick's documents without a formal request at least one week before her deposition. B. Status of Pending Motions or Anticipated Motions

Both parties filed memoranda of law on the impact of Depenbrock v. CIGNA, 389 F.3d 78 (3d Cir. 2004), on May 6, 2005. Plaintiffs served and filed their motion for leave to amend the Complaint on the same date, and Defendants served and filed an opposition to that motion on May 31, 2005. Plaintiffs' reply is due on or before June 14, 2005. Plaintiffs served and filed their motion in limine for a ruling on the direct testimony relevant to the "likely prejudice" standard in Burke v. Kodak, 336 F.3d 103, 113-14 (2d Cir. 2003), on May 6, 2005. Defendants asked for, and Plaintiffs consented to, an extension to June 14, 2005, for Defendants to oppose that motion. Plaintiffs' reply will be due on or before June 28, 2005. C. Any Requested Schedule Changes

The parties anticipate that depositions are likely to run into early July, but do not believe that the schedule requires any other changes. Plaintiffs believe they can still serve and file their proposed findings of fact and law by August 5, 2005, as scheduled. Defendants reserve the right to object or file a motion for protective order related to Plaintiffs' depositions and written discovery. Defendants also suggest that a conference call with the Court could be helpful to address: (1) how they should proceed with discovery pending a decision on Plaintiff's Motion for Leave to Amend; (2) the impact of the Depenbrock v. CIGNA decision on the Plaintiffs' claims. 2

Case 3:01-cv-02361-MRK

Document 120

Filed 06/01/2005

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D.

Proposed Dates for Trial

December 5-9 or 12-16, 2005, January 16-20, 2006, January 30-February 3, 2006, February 6-10, 13-17, or 20-24, 2006. Defendants' expert is currently unavailable on January 12-13 or 18-20, 2006. Accordingly, Defendants request that the trial be scheduled for one of the other proposed weeks if possible. E. Expected Length of Trial

As stated at the April 20, 2005 hearing, the parties expect that the trial will last one week. Dated: June 1, 2005 FOR THE PLAINTIFF (on behalf of all parties):

By: s/ Thomas G. Moukawsher Thomas G. Moukawsher ct08940 Ian O. Smith ct24135 Moukawsher & Walsh, LLC 21 Oak Street Hartford, CT 06106 (860) 278-7000 [email protected] Stephen R. Bruce ct 23534 (pro hac vice) Suite 210 805 15th St., NW Washington, DC 20005 (202) 371-8013 [email protected]

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Case 3:01-cv-02361-MRK

Document 120

Filed 06/01/2005

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CERTIFICATE OF SERVICE This certifies that copies of the foregoing Joint Status Report were sent on this 1st day of June, 2005 by e-mail as a PDF and WordPerfect attachment addressed to: Elizabeth A. Fowler Robinson & Cole 280 Trumbell St. Hartford, CT 06103-3597 [email protected] Joseph J. Costello Jeremy P. Blumenfeld Morgan Lewis & Bockius 1701 Market St. Philadelphia, PA 19103-2921 [email protected] [email protected] Christopher A. Parlo Morgan Lewis & Bockius 100 Park Ave. New York, NY 10178 [email protected] s/ Stephen R. Bruce Stephen R. Bruce