1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B)
Unless otherwise ordered by the court, the following procedures shall govern all actions that
include one or more claims under § 502(a)(1)(B), including removed cases in which an ERISA
claim is pled and removed or diversity cases in which the court subsequently determines that
ERISA preempts the state law claims.
(a) The Administrative Record. The defendant shall serve and file a copy of the
administrative record with its answer. In those cases in which the court determines ERISA
preempts state law claims and orders the plaintiff to file an amended complaint setting forth
an ERISA claim, the defendant shall serve and file the administrative record with its answer
to the amended complaint. The administrative record shall consist of all relevant plan
documents and any documents submitted, considered, or generated in the course of making
the benefit determination or administering a plan. Any motion to modify the administrative
record shall be served and filed within fourteen (14) days after the administrative record is
filed.
(b) Joint Statement of Material Facts. Within thirty (30) days after the filing of the
administrative record or the court’s ruling on any motion to modify the administrative record,
whichever is later, the plaintiff shall serve on the defendant a proposed joint statement of
material facts. This statement shall be in narrative form, contain record citations, summarize
all procedural developments, and describe all facts pertinent to the resolution of the case.
Within fourteen (14) days after the proposed joint statement of material facts is filed, the
defendant shall inform the plaintiff of any proposed additions or deletions to the joint
statement. Within fourteen (14) days after the filing of the defendant’s proposed additions
and deletions, the plaintiff shall serve and file a joint statement of material facts containing all
agreed-upon facts and record citations. If any material facts remain in dispute, the parties
shall each file a list of disputed facts, including record citations, within fourteen (14) days
after the joint statement of material facts is filed by the plaintiff.
(c) Decision Memoranda. Within thirty (30) days after the joint statement of material
facts is filed, plaintiff shall serve and file a motion for judgment on the administrative record
and a supporting memorandum. Within thirty (30) days after plaintiff’s motion for judgment
on the administrative record is filed, defendant shall serve and file its motion for judgment on
the administrative record and a supporting memorandum. The defendant’s motion and
memorandum shall respond to the specific issues raised in the plaintiff’s motion and
memorandum. Plaintiff may file a reply memorandum pursuant to LR 7.1(e)(1). Neither
party shall file an objection to the other party’s motion.
(d) Discovery and Trial. Initial disclosure under Fed. R. Civ. P. 26(a) shall not be made,
discovery shall not be permitted except as stated herein, and a trial date shall not be set prior
to the court’s ruling on the motions for judgment on the administrative record. Any party may
move the court to permit limited discovery as permitted by case authority.
(Added 6/1/05; §§ (a), (b) and (d) amended 12/1/09; § (d) amended 12/1/15; §§ (a) and (b)
amended 12/1/21; § (a) amended 12/1/25)
