1 ERISA Addendum to Scheduling Conference Order
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3 Where the plaintiff’s claim is predicated in whole or in part on denial
4 of benefits under a plan regulated by the Employee Retirement Income Security
5 Act of 1974, 29 U.S.C. § 1000 et seq. (ERISA), the parties shall address the
6 following additional issues in their Joint Report:
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8 1. Standard of Review. What standard of review is applicable? If
9 the parties are in disagreement, they shall propose a schedule for early briefing and
10 decision of this issue on Motion.
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12 2. Pre-Emption. Is there any contention that any state–law claim
13 asserted by plaintiff is pre-empted by ERISA? If so, the parties shall propose a
14 schedule for early briefing and decision of the issue on Motion.
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