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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE 4:16-cv-07230-HSG

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David M. Lilienstein, Esq. SBN 218923

Katie J. Spielman, Esq. SBN 252209

DL LAW GROUP

345 Franklin St.

San Francisco, CA 94102

Telephone: (415) 678-5050

Facsimile: (415) 358-8484

Email: david@dllawgroup.com, katie@dllawgroup.com

Attorneys for Plaintiffs,

MAHLON D. AND EMILY D.

Sean P. Nalty, Esq. SBN 121253

Shivani Nanda, Esq. SBN 253891

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

Steuart Tower, Suite 1300

One Market Plaza

San Francisco, CA 94105

Telephone: (415) 442-4810

Facsimile: (415) 442-4870

Email: sean.nalty@ogletree.com, Shivani.nanda@ogletree.com 

Attorneys for Defendant, CIGNA HEALTH AND LIFE INSURANCE COMPANY

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MAHLON D. AND EMILY D.

Plaintiffs,

v.

CIGNA HEALTH AND LIFE 

INSURANCE COMPANY and DOES 1 

through 10,

Defendants.

Case No. 4:16-cv-07230-HSG

STIPULATION AND [PROPOSED]

ORDER TO MODIFY THE 

SCHEDULING ORDER

Complaint Filed: December 19, 2016

Trial Date: None set

Judge: Hon. Haywood S. 

Gilliam, Jr.

Referred to Magistrate Judge Robert M. Illman

for Discovery
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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE 4:16-cv-07230-HSG

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Plaintiffs Mahlon D. and Emily D. (“Plaintiffs”) and Defendant Cigna Health and Life 

Insurance Company (“Defendant”) (collectively “the Parties”) submit this stipulation and 

respectfully request that the Court modify the Scheduling Order and supplemental discovery 

briefing schedule based on the following:

A. Current Status

1. Cross-Motions for Judgment

This matter is governed by the Employee Retirement Income Security Act (ERISA). On 

July 6, 2017 the Court took under submission cross-motions by the Parties to establish the 

Standard of Review under ERISA that will be applied to this matter. On September 13, 2017 the 

Parties stipulated to continue the briefing schedule on the merits of this matter until the Standard 

of Review is decided by the Court. The Court granted the Parties’ stipulation on September 14, 

2017 and entered a scheduling Order setting the date for the filing of cross-motions for judgment 

as October 20, 2017 or three weeks after the Order on the standard of review is issued, 

whichever is later.

2. Motion to Compel Discovery

Prior to the modification of the scheduling order set forth above, Plaintiffs filed a motion 

to compel discovery on August 31, 2017. Defendant filed its opposition on September 14, 2017, 

and Plaintiffs filed their reply on September 21, 2017. The motion to compel discovery was 

referred to Magistrate Judge Nandor Vadas, and the Court held a hearing on the matter on 

October 3, 2017. 

During the October 3, 2017 hearing, the Court deferred ruling on the motion to allow the 

parties to continue to meet and confer regarding the scope of the administrative record. The

parties’ current deadline to file letter briefs regarding any remaining discovery disputes 

following the meet and confer process is 5:00 p.m. November 10, 2017. On November 6, 2017, 

the case was reassigned to Magistrate Judge Illman for discovery matters.

B. Reasons for the Requested Modification in the Briefing Schedule

The Parties continue to meet and confer regarding the scope of the administrative record. 

The Parties are working in good faith to resolve this issue but need more time to gather 
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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE 4:16-cv-07230-HSG

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additional information regarding the contents of the administrative record to determine whether a 

resolution is possible. However, to resolve or litigate the discovery issues, the parties need to 

know the standard of review in this matter as the nature and scope of discovery in an ERISA 

action is dependent on the standard of review.

In the interest of judicial economy, the Parties aim to resolve all discovery issues in a 

single hearing, including both the scope of the administrative record and any other discovery that 

may be appropriate depending upon the applicable standard of review. The Parties further wish 

to ensure that adequate time is available for full briefing on the merits once the discovery issues 

are resolved. 

C. Suggested Modifications

The Parties jointly request that the Court take the current briefing schedules for the crossmotions for judgment and the pending discovery motion off calendar. Once the Court enters its 

Order on the standard of review in this action, the Parties propose to meet and confer to attempt 

to resolve any outstanding discovery issues in light of the applicable standard of review and, if 

necessary, refer the discovery matter to Judge Illman for resolution. The Parties will jointly 

advise the Court of a proposed briefing schedule for cross-motions for judgment on the merits no 

later than thirty days after entry of the Order regarding the standard of review. 

Dated: November 8, 2017 Respectfully submitted,

DL LAW GROUP

By: /s/ ___

David M. Lilienstein, Esq.

Katie J. Spielman, Esq. 

 Attorneys for Plaintiffs, 

MAHLON D. & EMILY D.

Dated: November 8, 2017 Respectfully submitted,

OGLETREE, DEAKINS, NASH, SMOAK & 

STEWART, P.C.
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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE 4:16-cv-07230-HSG

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By: /s/ ___

Sean P. Nalty, Esq.

Shivani Nanda, Esq.

 Attorneys for Defendant, 

CIGNA HEALTH AND LIFE INSURANCE 

COMPANY
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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE 4:16-cv-07230-HSG

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[PROPOSED] ORDER

Based on the stipulation of the Parties set forth above, and GOOD CAUSE appearing, the 

Court hereby modifies the Scheduling Order. The current briefing schedule for the filing of 

cross-motions for judgment three weeks after entry of the order on the standard of review is 

taken off calendar. The current deadline to file further letter briefs regarding the pending Motion 

to Compel Discovery is taken off calendar. 

The Parties are hereby ORDERED to meet and confer to attempt to resolve any 

outstanding discovery issues following the entry of the Order setting the standard of review in 

this action. If necessary, the parties will file letter briefs of no more than two pages outlining 

remaining points of contention. The Parties are further ORDERED to jointly advise this Court 

of a proposed briefing schedule for cross-motions for judgment on the merits no later than thirty 

days after entry of the Order regarding the standard of review. 

IT IS SO ORDERED

Dated:

 Hon. Haywood S. Gilliam, Jr.

11/9/2017