Salisbury v. The Prudential Life Insurance Company of America
||The Prudential Insurance Company of America
||December 16, 2015
||US District Court for the Southern District of New York
||Foley Square Office
||Alison J. Nathan
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
||29 U.S.C. § 1132
|Jury Demanded By:
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|February 28, 2017
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
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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