Salisbury v. The Prudential Life Insurance Company of America

Justia Dockets & Filings Second Circuit New York Southern District Salisbury v. The Prudential Life Insurance Company of America

Salisbury v. The Prudential Life Insurance Company of America

Plaintiff:	Katherine Salisbury
Defendant:	The Prudential Insurance Company of America
Case Number:	1:2015cv09799
Filed:	December 16, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Alison J. Nathan
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1132
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 28, 2017	Filing 39 MEMORANDUM & ORDER terminating 33 Motion to Set The Standard of Review As Arbitrary and Capricious. The Court concludes that the Plan at issue expressly vests discretion in the plan administrator to decide disability claims. Nonetheless, the Cour t concludes that the de novo standard applies to the review of the denial of Salisbury's claim because Prudential violated the Department of Labor's claims-procedure regulation by seeking an extension of time without identifying adequate &q uot;special circumstances." Finally, because discovery is generally limited to the administrative record even when the standard of review is de novo, the Court denies Salisbury's request for plenary discovery. By March 17, 2017 the parties shall submit a joint proposed schedule for the completion of discovery and for summary judgment motions. This order resolves Docket Number 33. (Signed by Judge Alison J. Nathan on 2/28/2017) (cla)
July 11, 2016	Filing 30 MEMORANDUM AND ORDER. For the reasons above, Prudential's motion to strike Salisbury's jury demand is granted. SO ORDERED. Granting 16 Motion to Strike Jury Demand. (Signed by Judge Alison J. Nathan on 7/11/2016) (rjm)

Date Filed

Document Text

February 28, 2017

Filing 39 MEMORANDUM & ORDER terminating 33 Motion to Set The Standard of Review As Arbitrary and Capricious. The Court concludes that the Plan at issue expressly vests discretion in the plan administrator to decide disability claims. Nonetheless, the Cour t concludes that the de novo standard applies to the review of the denial of Salisbury's claim because Prudential violated the Department of Labor's claims-procedure regulation by seeking an extension of time without identifying adequate &q uot;special circumstances." Finally, because discovery is generally limited to the administrative record even when the standard of review is de novo, the Court denies Salisbury's request for plenary discovery. By March 17, 2017 the parties shall submit a joint proposed schedule for the completion of discovery and for summary judgment motions. This order resolves Docket Number 33. (Signed by Judge Alison J. Nathan on 2/28/2017) (cla)

July 11, 2016

Filing 30 MEMORANDUM AND ORDER. For the reasons above, Prudential's motion to strike Salisbury's jury demand is granted. SO ORDERED. Granting 16 Motion to Strike Jury Demand. (Signed by Judge Alison J. Nathan on 7/11/2016) (rjm)

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Plaintiff: Katherine Salisbury
Represented By:	Michail Zolotoff Hack
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Defendant: The Prudential Insurance Company of America
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