IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 07cv00185MSKCBS
UNUM LIFE INSURANCE COMPANY OF AMERICA,
ORDER SETTING HEARING UNDER FED.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”), 29
U.S.C. § 1132(a)(1)(B). In light thereof, a hearing pursuant to Fed. R. Civ. P. 16(b) and
D.C.COLO.LCivR 16.1 is necessary.
IT IS ORDERED that:
A hearing is set for April 2, 2007 at 4:00 p.m. in Courtroom A901 of the United
States Courthouse located at 901 19th Street, Denver, Colorado.
On or before March 19, 2007, and in conformance with Fed. R. Civ. P. 26(f),
D.C.COLO.LCivR 16.1, 16.2 and 26.1, and this Order, the parties shall prepare
and submit a proposed scheduling order. The proposed scheduling order shall be
in the form specified by D.C.COLO.LCivR Appendix F except that:
It shall not contain a signature line for a judicial officer.
It shall address the following:
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?
What documents comprise the administrative record?
How much time do the parties need to compile and submit the
Case 1:07-cv-00185-MSK Document 3 Filed 01/31/2007 Page 1 of 2
Morgan v. UNUM Life Insurance Company of America
Does the claimant contend that the plan administrator had a conflict
of interest in administering the plan? If so, are there facts in dispute
concerning this issue?
Is there a need for discovery?
It shall not address the matters set forth in Section 8 (Case Plan and
Schedule), Section 10 (Other Scheduling Issues) or Section 11 (Dates for
Further Conferences) o