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Barry Strawn v. Federal Express Corporation Long Term Disability Plan

June 2, 2011

BARRY STRAWN,
PLAINTIFF,
v.
FEDERAL EXPRESS CORPORATION LONG TERM DISABILITY PLAN,
DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

This draft was proofread on 5/24/11 by Debbie

SCHEDULING CONFERENCE ORDER

Filing Deadline: 7/7/11 Administrative Record Appropriate Standard of Review Motion Filing Deadline: 7/18/11 ) Dispositive Motion Filing Deadline: 11/21/11 12/5/11 Opposition Filing Deadline: Reply Filing Deadline: 12/12/11 Motions-Trial: 1/23/12 Hearing on Dispositive 10:00 Ctrm. 3 (2 hours reserved) 10/18/11 10:30 Ctrm. 8 Settlement Conference Date:

I. Date of Scheduling Conference.

June 2, 2011.

II. Appearances Of Counsel.

III. Summary of Pleadings.

1. Plaintiff Barry Strawn asserts that Defendant violated the Employee Retirement Income Security Act ("ERISA") 29 U.S.C. §§ 1001, et seq., by denying his claim for continued long-term disability benefits from the Federal Express Corporation Long Term Disability Plan ("LTD Plan") for a Total Disability. He seeks (1) a determination that he is Totally Disabled under the LTD Plan, (2) past due benefits, and (3) an Order that the LTD Plan continue paying benefits so long as he remains Totally Disabled under the LTD Plan.

2. Defendant denies that it violated ERISA or engaged in any unlawful conduct towards Plaintiff. Neither Defendant nor Aetna (the Claims Paying Administrator) abused its discretion in denying Plaintiff's claim for benefits.

IV. Orders Re Amendments To Pleadings.

1. The parties do not intend to file any motions relating to the amendment of pleadings.

V. Factual Summary.

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.

1. Barry Strawn, Plaintiff, was an employee of Defendant Federal Express Corporation.

2. Federal Express Corporation is a corporation incorporated under the laws of the State of Delaware.

3. Barry Strawn was at relevant times a participant in the Federal Express Corporation Long Term Disability Plan.

4. Federal Express Long Term Disability Plan is a duly qualified plan within the meaning of the Employee Retirement Income Security Act ("ERISA") 29 U.S.C. §§ 1001, et seq.

5. Plaintiff claims that he is totally disabled as that term is defined under the LTD plan and within the meaning of ERISA.

6. Plaintiff claims he is due past benefits.

7. Aetna Life Insurance is the duly appointed and acting claims paying administrator under the Plan.

8. Federal Express Corporation retains a role as Administrator of the Plan.

9. Defendant contends that decision making on claims approval and payment was delegated to Aetna.

B. Contested Facts.

1. All remaining facts are ...


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