Free Status Report - District Court of California - California

Case 3:07-cv-02168-H-CAB

Document 19

Filed 03/07/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

GERACI & LOPEZ STEPHEN F. LOPEZ, State Bar No. 125058 E-Mail: [email protected] 13355 Midland Road, Suite 140 Poway, CA 92064 Telephone: (619) 231-3131 Facsimile: (619) 374-1911 Attorneys for Plaintiff Conrad Sheff, M.D. BURKE, WILLIAMS & SORENSEN, LLP DANIEL W. MAGUIRE, State Bar No. 120002 E-Mail: [email protected] 444 South Flower Street, Suite 2400 Los Angeles, CA 90071-2953 Telephone: (213) 236-0600 Facsimile: (213) 236-2700 Attorneys for Defendants Life Insurance Company of North America and Southern California Permanente Medical Group Long Term Disability Plan UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CONRAD SHEFF M.D., an individual, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania Corporation conducting business in the State of California and doing business as CIGNA GROUP INSURANCE and Does 1 through 50, inclusive, Defendants. Mandatory Settlement Conference Date: March 11, 2008 Time: 10:00 a.m. Room: 1131 Hon. Cathy Ann Bencivengo CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/ REPORT

Pursuant to the Court's order dated February 13, 2008, the parties hereby lodge their Joint Discovery Plan/Report with the Court. Plaintiff Conrad Sheff, M.D., ("Sheff") and Defendants Life Insurance Company of North America
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CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/REPORT

Case 3:07-cv-02168-H-CAB

Document 19

Filed 03/07/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

("LINA") and Southern California Permanente Medical Group Long Term Disability Plan ("Plan") conducted their Rule 26(f) conference and discussed the subject of discovery. LINA made its initial disclosures on January 30, 2008. Sheff will make his initial disclosures prior to March 7, 2008.

I.

DISCOVERY PLAN A. Introduction This ERISA benefit recovery action arises from Defendant LINA's

determination that Dr. Sheff was not entitled to further long-term disability benefits under his employer's plan, following the expiration of the two year policy limitation period for mental illness. Dr. Sheff claims he is entitled to further benefits based on a physical disability. The policy vests discretion in LINA to interpret the terms of the plan and determine eligibility for benefits. Defendants contend that LINA's claim determination will therefore be subject to a deferential arbitrary and capricious standard of review, and that the scope of the Court's review will be limited to the administrative record. Plaintiff believes that a de novo standard of review is applicable, and that if he is correct on this issue, discovery is appropriate, which he anticipates will consist of the following: 1. 2. 3. Interrogatories. Deposition of LINA claim representative who denied the claim. Deposition of LINA claim representative that upheld the termination on appeal. 4. Deposition of the LINA claim representative that denied the request for reconsideration. 5. ///
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Deposition of the physician that conducted the file review.

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CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/REPORT

Case 3:07-cv-02168-H-CAB

Document 19

Filed 03/07/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

Defendants believe that such discovery is improper, and will object. Plaintiff may also wish to propound discovery to determine proper standard of review. Defendants and Plaintiff have different views on the scope of permissible discovery. The parties will attempt to resolve their discovery disputes informally. If those efforts are not successful, the parties will seek a ruling from the Court on the scope of discovery, either through a Motion to Compel Discovery filed by Plaintiff, or a Motion for Protective Order filed by Defendants. Respectfully submitted, DATED: March 7, 2008 GERACI & LOPEZ STEPHEN F. LOPEZ

By: /s/ Stephen F. Lopez STEPHEN F. LOPEZ [email protected] Attorneys for Plaintiff Conrad Sheff, M.D. [as authorized on March 7, 2008]

DATED: March 7, 2008

BURKE, WILLIAMS & SORENSEN, LLP DANIEL W. MAGUIRE

By: /s/ Daniel W. Maguire DANIEL W. MAGUIRE [email protected] Attorneys for Defendants Life Insurance Company of North America and Southern California Permanente Medical Group Long Term Disability Plan

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CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/REPORT

Case 3:07-cv-02168-H-CAB

Document 19

Filed 03/07/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

CERTIFICATE OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action; my business address is Burke, Williams & Sorensen, LLP, 444 South Flower Street, Suite 2400, Los Angeles, California 90071-2953. On March 7, 2008, I served the following document(s) described as JOINT DISCOVREY PLAN/REPORT on the interested party(ies) in this action as follows: by placing true copies thereof enclosed in a sealed envelope addressed stated on the attached service list. BY MAIL: I am "readily familiar" with the firm's practice of collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope was placed for collection and mailing with postage thereon fully prepaid at Los Angeles, California, on that same day following ordinary business practices. BY FACSIMILE: At approximately _____, I caused said document(s) to be transmitted by facsimile. The telephone number of the sending facsimile machine was (213) 236-2700. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. The document was transmitted by facsimile transmission, and the sending facsimile machine properly issued a transmission report confirming that the transmission was complete and without error. BY OVERNIGHT DELIVERY: I deposited such document(s) in a box or other facility regularly maintained by the overnight service carrier, or delivered such document(s) to a courier or driver authorized by to receive documents, in an envelope or package designated by the overnight service carrier with delivery fees paid or provided for, addressed to the person(s) served hereunder. BY HAND DELIVERY: I delivered such envelope(s) by hand to the office of the addressee(s). BY PERSONAL SERVICE: I personally delivered such envelope(s) to the addressee(s). BY ELECTRONIC SERVICE of the document(s) via Portable Document Format (pdf), by uploading such documents using the court's CM/ECF system case filing which automatically generates Notice of Electronic Filing or NEF which allows recipients to retrieve the document(s) automatically.

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CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/REPORT

Case 3:07-cv-02168-H-CAB

Document 19

Filed 03/07/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

I declare under penalty of perjury under the laws of the United States of America and the State of California that the above is true and correct. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made; served the above document(s) at the direction of a member of the bar of this court. Executed on March 7, 2008, at Los Angeles, California. /s/ Mary Musulman MARY MUSULMAN

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CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/REPORT

Case 3:07-cv-02168-H-CAB

Document 19

Filed 03/07/2008

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B URKE , W ILLIAMS & S ORENS EN , LLP
ATTO RNEY S AT LAW LOS A NG EL ES

SERVICE LIST Sheff v. Life Ins. Co. of North America, et al. Stephen F. Lopez, Esq. GERACI & LOPEZ 13355 Midland Road, Suite 140 Poway, CA 92064 Tel: (619) 231-3131 Fax: (619) 374-1911 E-Mail: [email protected] Attorneys for Plaintiff Conrad Sheff, M.D.

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CASE NO. 07 CV 2168 H CAB JOINT DISCOVERY PLAN/REPORT