Free Order on Motion for Leave to File - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 We have before us defendants' request for leave to file a sur-reply (doc. 83) and 18 Mazet's objection and request to file a sur-response (doc. 87). For the first time in his reply 19 (doc. 81), Mazet argues that Hartford's estimated potential earnings calculation is inaccurate. 20 Hartford requests an opportunity to address this issue. 21 We note that in Hartford's proposed sur-reply it continues to misconstrue its own 22 calculations. Hartford states that $3,089.51 is Mazet's Indexed Pre-Disability Earnings. This 23 is wrong. According to Hartford's own calculations, $3,089.51 is 60% of his Indexed Pre24 Disability Earnings. See Response at 5. This is an important distinction and we invite 25 Hartford to file, within 3 days from the date of this order, a corrected sur-reply incorporating 26 this correction in its analysis. Mazet shall have 3 days from the filing of Hartford's sur-reply 27 28
Case 2:04-cv-00493-FJM Document 88 Filed 08/01/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

David L. Mazet, Plaintiff, vs. Halliburton Company Long-Term Disability Plan, et al., Defendants.

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No. CV-04-0493-PHX-FJM ORDER

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to file a sur-response. We admonish the parties that we will only consider evidence in the administrative record. IT IS ORDERED GRANTING defendants' request for leave to file a sur-reply (doc. 83) and GRANTING Mazet's request for leave to file a sur-response (doc. 87). DATED this 1st day of August, 2008.

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