IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 06cv00361MSKPAC
UN JU PARK,
CIGNA CORPORATION, a Delaware corporation,
LIFE INSURANCE COMPANY OF NORTH AMERICA,
a Pennsylvania Insurance Company, and
PB FLEXX PLAN, an ERISA Welfare Benefit Plan,
ORDER SETTING HEARING UNDER FED.R.CIV.P. 16
THIS MATTER comes before the Court upon a Complaint filed by the Plaintiff seeking,
inter alia, 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:
A hearing is set for May 24, 2006 at 8:00 a.m. in Courtroom A901 of the United
States Courthouse located at 901 19th Street, Denver, Colorado.
On or before May 10, 2006, 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?
Case 1:06-cv-00361-MSK-PAC Document 3 Filed 03/14/2006 Page 1 of 2
Park v. CIGNA Corporation et al
What documents comprise the administrative record?
How much time do the parties need to compile and submit the
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 i