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James Burchett v. Life Insurance Company of North Conference America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 11, 2011

JAMES BURCHETT,
PLAINTIFF,
v.
LIFE INSURANCE COMPANY OF NORTH CONFERENCE AMERICA, APPLE COMPUTER, INC., DEFENDANTS.*FN1

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING)

The Joint Status Report filed July 1, 2011 ("JSR") reveals this case is not ready to be scheduled since Defendants state in the JSR that they "anticipate[] filing a motion for partial summary judgment to establish ERISA preemption of Plaintiff's 'breach of agreement' claim against Apple . . . by August 15, 2011," and that the ruling on ERISA preemption will affect the parties discovery and further scheduling. (ECF No. 2:20-22, 3:5-7, 3:20-21, 4:11-12.)

Therefore, the Status (Pretrial Scheduling) Conference scheduled for hearing on July 18, 2011 is continued to November 28, 2011 at 9:00 a.m. A further joint status report shall be filed no later than fourteen (14) days prior.

Further, Defendants' referenced motion for partial summary judgment shall be filed no later than August 15, 2011, and noticed for hearing on September 12, 2011.

Lastly, since Plaintiff states in the JSR that "the Doe defendants may be dismissed," Does 1 - 100 are dismissed. Id. at 2:6-7.

IT IS SO ORDERED.


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