ROSS v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

Case No. 2:17-CV-00312-JLR.

STEPHANIE ROSS, Plaintiffs, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA; and DOES 1 to 10, inclusive, Defendants.

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 29 U.S.C. § 1132
Cause: 29 U.S.C. § 1132 E.R.I.S.A. - Employee Benefits
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER


Attorney(s) appearing for the Case

Stephanie Ross, Plaintiff, represented by Joseph S. McMillen , MCKENNON LAW GROUP PC, pro hac vice.

Stephanie Ross, Plaintiff, represented by Robert John McKennon , MCKENNON LAW GROUP PC, pro hac vice & Patrick H. LePley , LEPLEY LAW FIRM.

Prudential Insurance Company of America, Defendant, represented by Amanda A. Sonneborn , SEYFARTH SHAW, pro hac vice, Christopher M. Busey , SEYFARTH SHAW, pro hac vice, D. Michael Reilly , LANE POWELL PC & David W. Howenstine , LANE POWELL PC.


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.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases