Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-04844-EDL

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THORNTON DAVIDSON #166487 The ERISA Law Group 2055 San Joaquin Street Fresno, CA 93721-2717 Telephone: (559) 256-9800 Facsimile: (559) 256-9795 Attorneys for Plaintiff JAMES MICHAEL BROWN PATRICIA K. GILLETTE, State Bar No. 74461 [email protected] KRISTEN M. JACOBY, State Bar No. 243857 [email protected] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: +1-415-773-5700 Facsimile: +1-415-773-5759 Attorneys for Defendant BANK OF AMERICA GROUP BENEFITS PROGRAM (identified by Plaintiff as "Bank of America Self-Insured Medical Plans," "Associate Life Insurance - Basic" and "Associate Life Insurance - Supplemental Plan"

UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 JAMES MICHAEL BROWN, 19 Plaintiff, 20 v. 21 22 23 24 Defendants. 25 26 27 28
JOINT CASE MANAGEMENT CONFERENCE STATEMENT: CASE NO. CGC-07-4844 EDL

Case No. CGC-07-4844 EDL JOINT CASE MANAGEMENT CONFERENCE STATEMENT Date: Time: Judge: March 11, 2008 10:00 a.m. Hon. Elizabeth Laporte

BANK OF AMERICA SELF-INSURED MEDICAL PLANS: ASSOCIATE LIFE INSURANCE - BASIC AND ASSOCIATE LIFE INSURANCE - SUPPLEMENTAL PLAN,

PLAINTIFF GRANTED PERMISSION TO APPEAR BY TELEPHONE

Pursuant to Federal Rules of Civil Procedure 16(b) and the Court's Case Management Conference Order, the parties to the above entitled action jointly submit this case

Case 3:07-cv-04844-EDL

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management statement: 1. Jurisdiction and Service The parties agree that this Court has subject matter jurisdiction over Plaintiff's claim pursuant to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. section 1132(a). Jurisdiction is proper pursuant to 29 U.S.C. section 1331 because this action arises under the laws of the United States of America. 29 U.S.C. section 1132(e)(1) provides for Federal District Court jurisdiction. All parties are subject to this Court's jurisdiction. All parties have been served. 2. Facts Plaintiff was a participant in the Bank of America Group Benefits Program. Plaintiff was receiving benefits from Defendant's Long Term Disability ("LTD") plan, insured by Metropolitan Life Insurance Company ("Met Life"). In December of 2005, Met Life determined that Plaintiff was no longer disabled and terminated his LTD benefits. Plaintiff appealed Met Life's determination, and his LTD benefits were retroactively reinstated on December 26, 2006. Plaintiff claims that when his LTD benefits were terminated, Defendant Bank of America Group Benefits Program terminated his health and life insurance benefits. Defendant claims that Plaintiff's entitlement to those benefits was terminated prior to the cessation of LTD benefits, due to Plaintiff's failure to pay the premiums on those benefits. Defendant claims that Plaintiff fell behind in the payment of premiums and his benefits lapsed. Plaintiff appealed that decision to Defendant's Benefits Appeals Department, and was offered a chance to pay back premiums in order to resume coverage. Plaintiff failed to pay those premiums in accordance with the offer, and his benefits were terminated. On February 1, 2008, after receiving documentation of Defendant's reinstatement offer and payment delinquency, Plaintiff stipulated that he would dismiss Defendant Bank of America Self Insured Medical Plan along with his first Claim for Relief. The parties have also agreed that Plaintiff is entitled to a basic level of life insurance for which no premiums are due. Defendant maintains that Plaintiff is not entitled to supplemental coverage. -2JOINT CASE MANAGEMENT CONFERENCE STATEMENT: CASE NO. CGC-07-4844 EDL

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Plaintiff maintains he retains a right to such coverage because Defendant never provided him a notice of conversion rights as required by California law. 3. Legal Issues Whether Plaintiff is entitled to retroactive and prospective supplemental life insurance through the Plan. The parties agree that Plaintiff is entitled to a basic level of coverage, equivalent to one year of his salary. 4. Motions There are currently no motions pending. Plaintiff does not anticipate filing any motions, unless there is a dispute over discovery. Defendant anticipates filing a motion for summary judgment. 5. Amendment of Pleadings The Parties do not anticipate filing amended pleadings. 6. Evidence Preservation Defendant has notified the appropriate witnesses of the necessity to preserve documentation relevant to this matter. 7. Disclosures Disclosures pursuant to F.R.C.P. Rule 26 will be made shortly following the initial CMC. 8. Discovery No discovery has taken place to date, although Defendant has informally provided Plaintiff with certain documents relevant to his claim. Plaintiff contends that the Administrative Record should include MetLife's claims manuals. Plaintiff intends to conduct discovery regarding the nature, extent, and effect on the decision making process of MetLife's conflict of interest because such information is relevant in assessing whether it abused its discretion. Plaintiff intends to serve: request for production of documents, interrogatories, and notice a Rule 30(b)(6) of MetLife. Plaintiff believes a Rule 26(f) discovery order and conference is necessary. -3JOINT CASE MANAGEMENT CONFERENCE STATEMENT: CASE NO. CGC-07-4844 EDL

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Defendant intends to conduct written discovery, and to take Plaintiff's deposition. Class Actions This is not a class action. Related Cases There are no other related cases. Relief This is a complaint for declaratory relief. Settlement and ADR The Parties have selected ENE for the ADR process and have engaged the services of Bradford Huss. Defendant is investigating Plaintiff's remaining claim of entitlement to supplemental life insurance, and will convene another conference with Mr. Huss when additional information is available. To that end, the parties jointly request an extension of the March 20, 2008 deadline. Both parties request until May 2, 2008 to complete ENE. 13. Consent to Magistrate Judge for All Purposes Both Parties consent to the use of a Magistrate Judge for all purposes. Other References This case is not suitable for binding arbitration, a special master, or the Judicial Panel on Multidistrict Litigation. 15. Narrowing of Issues None. Expedited Schedule The Parties believe that this case would be suitable for handling on an expedited

Scheduling Discovery cutoff: June 6, 2008 Hearing of dispositive motions: August 1, 2008 Pretrial conference: October 6, 2008. The parties request that the Court set a trial

date at the Pretrial conference. -4JOINT CASE MANAGEMENT CONFERENCE STATEMENT: CASE NO. CGC-07-4844 EDL

Case 3:07-cv-04844-EDL

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18.

Trial This case is a bench trial and is expected to last one day.

19.

Disclosure of Non-party Interested Entities or Persons Plaintiff has made his Certification of Non-party Interested Entities or Persons, as

1) Plaintiff, 2) Defendant, and 3) Defendant's Insurers. Defendant has filed a Certification of Non-party Interested Entities or Persons as 1) Bank of America Corporation, and 2) Bank of America, National Association. 20. Other Matters None. Dated: March 10, 2008 THORNTON DAVIDSON The ERISA Law Group

/s/ Thornton Davidson THORNTON DAVIDSON Attorneys for Plaintiff James Michael Brown Dated: March 10, 2008 PATRICIA K. GILLETTE KRISTEN M. JACOBY Orrick, Herrington & Sutcliffe LLP

/s/ with permission, Kristen M. Jacoby PATRICIA K. GILLETTE KRISTEN M. JACOBY Attorneys for Defendant Bank of America Group Benefits Program [PROPOSED] ORDER IT IS SO ORDERED. Dated: _________________________

HONORABLE ELIZABETH D. LAPORTE UNITED STATES DISTRICT COURT JUDGE

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT: CASE NO. CGC-07-4844 EDL