Rosen v. Provident Life & Accident Insurance Company, No. 2:2014cv00922 - Document 31 (N.D. Ala. 2014)
Court Description: MEMORANDUM OPINION AND ORDER The court's scheduling order is AMENDED to grant Rosen until December 19, 2014, to complete discovery limited to evidence bearing on Providents motion for partial summary judgment, and to file a brief and evidentiary materials in opposition to Providents said motion. Provident shall then have ten calendar days in which to respond to Rosen's said opposition. Signed by Judge William M Acker, Jr on 11/17/14. (SAC )
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Rosen v. Provident Life & Accident Insurance Company Doc. 31 FILED 2014 Nov-17 PM 02:16 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LAWRENCE ROSEN, M.D., Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. } } } } } } } } } } CIVIL ACTION NO. 2:14-cv-0922-WMA MEMORANDUM OPINION AND ORDER On November 14, 2014, the court conducted a hearing on the motion of plaintiff, Lawrence Rosen, M.D., to strike the declaration of Roxanne Kaminisky, submitted by defendant, Provident Life and Accident Insurance Company (“Provident”), in support of its motion filed on September 26, 2014, for partial summary judgment on its contention that all of Rosen’s state law claims are preempted by ERISA. Because the court concluded that the scheduling order of July 22, 2014, did not give Rosen sufficient time to conduct his discovery relevant to the crucially important ERISA preemption issue, the order of July 22, 2014, is hereby AMENDED so as to grant Rosen until December 19, 2014, to complete discovery limited to evidence judgment, bearing and to on Provident’s file a brief motion and for partial evidentiary summary materials in opposition to Provident’s said motion. Provident shall then have ten respond (10) calendar days in which to to Rosen’s said Dockets.Justia.com opposition, after which Provident’s motion and Rosen’s motion to strike the declaration of Kaminisky, will be taken under submission without oral argument, unless the court finds that oral argument will be helpful. This order does not prevent Rosen from filing his opposition brief and evidence earlier than December 19, 2014. The motion to extend the discovery deadline filed jointly by the parties on November 14, 2014, to the extent it has not been addressed in the above paragraphs, will be ruled upon after the court rules on the ERISA preemption issue. In the event the court denies Provident’s motion for partial summary judgment, the motion for an extension will be well taken. prepared to predict with exactitude However, the court is not when it Provident’s motion for partial summary judgment. will rule on In the meantime, discovery shall be limited to the ERISA preemption issue. DONE this 17th day of November, 2014. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE
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