IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Phillip S. Figa
Civil Action No. 06cv01798PSFBNB
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, a/k/a Liberty Mutual; and
OPPENHEIMER FUNDS, INC.,
ORDER SETTING CASE MANAGEMENT CONFERENCE UNDER F.R.CIV.P. 16
This matter comes before the Court upon a Complaint filed by the plaintiff
seeking to recover benefits under the Employee Retirement Income Security Act
of 1974 (“ERISA”), particularly 29 U.S.C. § 1132(a)(1)(B) and (e). In light thereof,
a scheduling conference pursuant to F.R.Civ.P. 16(a) and D.C.COLO.LCivR 16.1
is necessary. It is, therefore,
A scheduling conference is set for Tuesday, October 24, 2006 at 8:30
a.m., before the undersigned in Courtroom 602 of the United States Courthouse
located at 901 19th Street, Denver, Colorado. The parties shall not prepare or submit
a proposed scheduling order; however, consistent with D.C.COLO.LCivR 16.1, lead
counsel shall attend the conference.
Case 1:06-cv-01798-PSF-BNB Document 2 Filed 09/14/2006 Page 1 of 3
Corrigan v. Liberty Life Assurance Company of Boston et al
At least ten days prior to the scheduling conference, the parties shall
stipulate to and file all pertinent ERISA plan documents including summary plan
descriptions. At the conference, the parties shall be prepared to address all applicable
provisions in the plan documents.
At the scheduling conference, the parties shall be prepared to address
Standard of Review:
Do the plan documents confer discretion upon the plan
administrator to interpret the plan?
Is this Court’s review of the plan administrator’s decision de novo
or under an arbitrary and capricious standard?
If under an arbitrary and capricious standard requiring deference
to the plan administrator, is there a “conflict of interest” or other
“procedural irregularity” that requires the Court to “slide along the
scale” with respect to the amount of