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Garrett v. Hartford Life & Accident Insurance Co.

May 31, 2007

CARROLL GARRETT PLAINTIFF
v.
HARTFORD LIFE & ACCIDENT INSURANCE COMPANY DEFENDANT



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

Before the Court is Plaintiff's Motion for Limited Discovery and to Stay. Plaintiff seeks permission to conduct limited discovery, including a 30(b)(6) deposition of the decision-maker. Defendant objects to this request. The Defendant has made representations to the Court that suggest that there was no palpable conflict of interest or serious procedural irregularity in this particular case.

For the same reasons articulated by Judge Holmes in Faulkner v. Metropolitan Life Insurance Co., Case No. 4:05-cv-01313 JLH (Order filed December 5, 2005, Docket No. 10) and by this Court in Westbrook v. Georgia Pacific Corp., Case No. 4:05-cv-1331 GTE (Order filed September 26, 2006, Docket No. 28), the Court denies Plaintiff's request for limited discovery except to the extent that Plaintiff seeks information covered by 29 C.F.R. § 2560.503-1.

Accordingly,

IT IS THEREFORE ORDERED THAT Plaintiff Carroll Garrett's Motion for Limited Discovery (Docket No. 6) be, and it is hereby, DENIED except to the limited extent stated herein.*fn1

IT IS FURTHER ORDERED THAT Plaintiff Carroll Garrett's Motion to Stay Briefing Schedule be, and it is hereby, DENIED IN PART AND GRANTED IN PART. The Court recognizes that the parties may need additional time to comply with the Court's Scheduling Order entered on March 30, 2007, even though Plaintiff will not be permitted to conduct the requested discovery. A modified Scheduling Order will be entered simultaneously herewith.*fn2

IT IS SO ORDERED this 31st day of ...


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