ORDER FOR DE NOVO STANDARD OF REVIEW
JAMES L. ROBART, District Judge.
Pursuant to the stipulation of the parties, (Dkt. #19) and for good cause appearing, it is hereby ordered that this Court shall apply a (Dkt. #19) de novo standard of review to Defendant The Prudential Insurance Company of America's ("Prudential") decision to deny Plaintiff Stephanie Ross' ("Ross") claim for long-term disability benefits at issue in this case, including without limit at trial, on summary judgment and in all other proceedings and hearings. Notwithstanding, Prudential reserves its right to assert that the abuse of discretion standard applies to its denial decision if, prior to the deadline for the parties to file their opening trial briefs in this action, (1) the Ninth Circuit grants a rehearing or a rehearing en banc in Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan, No. 14-55919, 2017 WL 1947883, ___ F.3d ___ (9th Cir. May 11, 2017); or (2) the United States Supreme Court grants certiorari in: (a) Orzechowski, or (b) another case that affects the Ninth Circuit's holding or analysis in Orzechowski. In the event that Prudential elects to assert that the abuse of discretion standard applies, Prudential will promptly notify Ross of its intent and, moreover, Ross will then have the right to file a motion to determine the proper standard of review in this case even if the dispositive motion deadline has passed.
IT IS SO ORDERED.