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Otilia Sullivan v. the Prudential Insurance Company of America

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


February 26, 2013

OTILIA SULLIVAN,
PLAINTIFF,
v.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, AND
PHH CORPORATION GROUP EMPLOYEE BENEFIT PLAN, DEFENDANTS.

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

ORDER DEEMING MOTION WITHDRAWN; SETTING BRIEFING SCHEDULE; AND VACATING STATUS CONFERENCE

Pending is Defendants' motion for judgment under Federal Rule of Civil Procedure ("Rule") 52 (ECF No. 26.), which is deemed withdrawn because it is premature, since a motion for summary judgment is also pending on the applicable standard of review in this ERISA action which should be decided first. However, the following briefing on cross-motions for judgment under Rule 52 is scheduled: each party shall file a cross-motion for judgment under Rule 52 on or before April 22, 2013 (each party shall also file at the same time proposed prevailing-party findings of fact and conclusions of law); opposition briefs shall be filed on or before May 6, 2013; any optional reply brief shall be filed on or before May 13, 2013; the bench trial on the cross-motions commences at 9:00 a.m. on May 20, 2013.

The status conference currently scheduled for May 13, 2013 is vacated.

20130226

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