Free Motion to Dismiss Case - District Court of Arizona - Arizona

Exhibits To Defendant MetLife 's Response to Plaintiff's Motion to Proceed With January 10, 2006 Bench Trial Terrell-Sims v. American Express et al. 03-1340 PHX SRB

A. B. C. D.

December 13, 2005 e-mail from MetLife's attorneys to Plaintiff December 14, 2005 e-mail from MetLife's attorneys to Plaintiff December 16, 2005 e-mail from MetLife's attorneys to Judge Bolton's Chambers with copy sent to Plaintiff December 21, 2004 amended notice of deposition for Plaintiff

Case 2:03-cv-01340-SRB

Document 70-2

Filed 01/05/2006

Page 1 of 6

DPB (Daniel P Beeks)
From: Sent: To: Subject: DPB (Daniel P Beeks) Tuesday, December 13, 2005 11:52 AM Sybol Terrell-Sims ([email protected]) Joint Pretrial Statement

Dear Ms. Terrell-Sims: As we discussed in our telephone conversation this morning, Judge Bolton's March 4, 2005 order provided that we were to file a joint proposed pretrial order by December 12, 2005. The pretrial conference is currently set for December 19, 2005 at 9:30 a.m. The pretrial statement is already late, and the Judge will need at least a day to review it. I would suggest we try to get it filed by tomorrow, or by Thursday morning at the latest. I have attached the form that Judge Bolton requires to be used for a joint proposed pretrial order. Please fill in your portions, and e-mail me a draft. I will then add my portions and e-mail it back to you for further review. Once we are both comfortable with it, we can finalize, sign and file it. In all fairness, you should know that consistent with the position we took in the joint case management plan filed way back in 2003, we intend to argue that there should be no trial, and that the Court is limited to reviewing the documentary evidence considered by MetLife in deciding your appeal. If the Judge does not agree, however, the trial is currently scheduled for January 10, 2006. This is also to confirm that you have informed me that you do not have an attorney at this time, and do not anticipate hiring one. I look forward to working with you to complete the joint proposed pretrial order as quickly as possible. If you have any questions, or wish to further discuss these issues, please contact me.

Daniel P. Beeks
Mohr, Hackett, Pederson, Blakley & Randolph, P.C. 2800 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-1043 (602) 240-3000 / Phone (602) 240-6600 / Facsimile [email protected] / email
This electronic mail transmission contains information from the law firm Mohr, Hackett, Pederson, Blakley & Randolph, P.C. that may be confidential or privileged. Such information is solely for the intended recipient, and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this message, its contents or any attachments is prohibited. Any wrongful interception of this message is punishable as a Federal Crime. If you have received this message in error, please notify us immediately by telephone (602 240-3000) or by electronic mail to the sender at [email protected] . Although this email and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender or Mohr, Hackett, Pederson, Blakley & Randolph, P.C. for any loss or damage arising in any way in the event that such a virus or defect exists.

bolton proposed pretrial.pdf (...

Case 2:03-cv-01340-SRB

Exhibit Document 70-2

1

"A" 01/05/2006 Filed

Page 2 of 6

DPB (Daniel P Beeks)
From: Sent: To: Subject: DPB (Daniel P Beeks) Wednesday, December 14, 2005 7:00 PM Sybol Terrell-Sims ([email protected]) Joint Proposed Pretrial Order / Terrell-Sims v. MetLife

Dear Ms. Terrell-Sims: As you know, our joint proposed pretrial order was due on Monday. When I had not heard from you by late in the day on Monday, I called and left a message for you. When we spoke on Tuesday morning, I informed you that you needed to begin preparing this document as quickly as possible, and provide a draft to me so that I could insert MetLife's portions of the document. I e-mailed you the Judge's form showing the information to be included after our telephone conversation yesterday. As of the close of business today, I still have not received a draft from you. I called you this afternoon to follow up, but you apparently were not available. I left a message, but I have not received a return call. The pretrial conference is scheduled for Monday. We need to get the document to the Judge so that she has a chance to review it before the conference. If I do not hear from you by noon tomorrow, I intend to file a separate proposed pretrial order. Although, in my experience, judges do not like it when parties file separate documents when court orders require joint documents, I will have no choice but to file if I do not hear from you. I understand that you are not represented by an attorney, and that this may be a little overwhelming. However, because you have chosen to represent yourself in this matter, you will be held to the same standard as someone who is represented by an attorney. Jacobsen v. Filler, 790 F.2d 1362, 1364-66 (9th Cir. 1986). We have tried to be accommodating, and have not tried to take advantage of the fact that you are representing yourself. As I mentioned in my prior e-mail, we intend to take the position that because of the ERISA statutes, no actual trial, where testimony and evidence is considered, is allowed in this case. Rather, as noted in our motion in limine, we believe that the Court is limited to reviewing the documents considered by MetLife in denying your claim, and then deciding whether MetLife abused its discretion in denying further benefits to you. I should be available tomorrow morning to discuss these matters.

Daniel P. Beeks
Mohr, Hackett, Pederson, Blakley & Randolph, P.C. 2800 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-1043 (602) 240-3000 / Phone (602) 240-6600 / Facsimile [email protected] / email
This electronic mail transmission contains information from the law firm Mohr, Hackett, Pederson, Blakley & Randolph, P.C. that may be confidential or privileged. Such information is solely for the intended recipient, and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this message, its contents or any attachments is prohibited. Any wrongful interception of this message is punishable as a Federal Crime. If you have received this message in error, please notify us immediately by telephone (602 240-3000) or by electronic mail to the sender at [email protected] . Although this email and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender or Mohr, Hackett, Pederson, Blakley & Randolph, P.C. for any loss or damage arising in any way in the event that such a virus or defect exists.

Case 2:03-cv-01340-SRB

Exhibit Document 70-2

1

"B" 01/05/2006 Filed

Page 3 of 6

DPB (Daniel P Beeks)
From: Sent: To: Cc: Subject: DPB (Daniel P Beeks) Friday, December 16, 2005 3:40 PM '[email protected]' Sybol Terrell-Sims ([email protected]) Proposed Joint Pretrial Order in CV 03-1340 PHX SRB Terrell-Sims v. American Express and Metropolitan Life Ins. Co.

Please find attached the joint proposed pretrial order in this case. The pretrial conference is set for Monday, December 19 at 9:30 a.m. Please call me if you have any questions.

Daniel P. Beeks
Mohr, Hackett, Pederson, Blakley & Randolph, P.C. 2800 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-1043 (602) 240-3000 / Phone (602) 240-6600 / Facsimile [email protected] / email
This electronic mail transmission contains information from the law firm Mohr, Hackett, Pederson, Blakley & Randolph, P.C. that may be confidential or privileged. Such information is solely for the intended recipient, and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this message, its contents or any attachments is prohibited. Any wrongful interception of this message is punishable as a Federal Crime. If you have received this message in error, please notify us immediately by telephone (602 240-3000) or by electronic mail to the sender at [email protected] . Although this email and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender or Mohr, Hackett, Pederson, Blakley & Randolph, P.C. for any loss or damage arising in any way in the event that such a virus or defect exists.

terrell-sims v metlife propose...

Case 2:03-cv-01340-SRB

Exhibit Document 70-2

1

"C" 01/05/2006 Filed

Page 4 of 6

.m.a

03:9 ta 5002

:NOITISOPED FO EMIT DNA ETAD :DENIMAXE EB OT NOSREP
dna

smiS-llerreT

,11 yraunaJ lobyS
litnu

:detelpmoc
ot

wal

yb

dezirohtua reciffo
eman

na

erofeb detats

yad ot yad morf gniunitnoc ecalp eht ta dna ,etad

si sserdda dna

esohw nosrep eht fo
.P .viC .R .deF ot

epatoediv

dna noitanimaxe laro

noitisoped

a

,03 dna 62

tnausrup ,taht ECITON EKAT ESAELP
.stnadnefeD

,ynapmoC eessenneT a ,.oC ecnarusnI efiL natiloporteM ;noitaroproC kroY weN a ,.cnI ,.oC secivreS detaleR levarT sserpxE naciremA
NOITISOPED GNIKAT FO ECITON DEDNEMA TSRIF
.SV

,ffitnialP
BRS XHP 0431-30 VIC .ON
,namow deirram
a

ANOZIRA FO TCIRTSID TRUOC TCIRTSID SETATS DETINU

levarT

sserpxE

.cnI ,ynapmoC secivreS detaleR naciremA tnadnefeD rof syenrottA

0102-772 )206( 5162-21058 anozirA ,xineohP 0061 etiuS ,eunevA lartneC htroN 1013

.P.L.L ,RELTTIG & DLONRA ,GREBDLOG ,NAYR ,REZARF )560220 .oN raB etatS( leppoT .W yerffeJ )779400 .oN raB etatS( relttiG .J ymA

Case 2:03-cv-01340-SRB

Exhibit Document 70-2

"D" 01/05/2006 Filed

Page 5 of 6

62
52 42

32 22
12

,shtao retsinimda
no

02 91 81 71 61
51 41

eht

,woleb

detats

yb

nekat eb lliw

31
21

11

,smiS-llerreT lobyS

01 9 8 7 6
5 4 3

2
1

efiL

ynapmoC ecnarusnI natiloporteM tnadnefeD rof syenrottA

YELKALB

3401-40058 anozirA ,xineohP 0011 etiuS ,eunevA lartneC htroN 0082 .C.P ,HPLODNAR & ,NOSREDEP ,TTEKCAH ,RHOM
skeeB .P leinaD ttekcaH .C treboR ffitnialP 07058 ZA ,xineohP 82439 xoB .O .P smiS-11erreT lobyS .sM

levarT

sserpxE

.cnI ,ynapmoC secivreS detaleR naciremA tnadnefeD rof syenrottA

5162-21058 anozirA ,xineohP 0061 etiuS ,eunevA lartneC htro .W

leppoT
/

rel·4jG

·ifYl ·1·
ELTTIG & .4002

.P.L.L

DLONRA

,GREBDLOG ,NAYR ,REZARF
,12 rebmeceD

5162-21058 anozirA ,xineohP 0061 etiuS eunevA lartneC htroN 1013 .P.L.L ,relttiG &
dlonrA

,grebdloG ,nayR ,rezarF

:NOITISOPED FO ECALP

Case 2:03-cv-01340-SRB

Document 70-2

Filed 01/05/2006

Page 6 of 6

62 52
42 32

22 12 02 91 81 71 61 51 41
31

4002 ,12 rebmeceD deliam ypoC

21
11

01 9 8 7 6 5 4 3
2
1