Jedlicka v. The Guardian Life Insurance Company Of America ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX KIMBERLY JEDLICKA, : Plaintiff, : : 22 Civ. 3869 (JPC) -V- : : ORDER THE GUARDIAN LIFE INSURANCE COMPANY OF _ : AMERICA., : Defendant. : wee KX JOHN P. CRONAN, United States District Judge: To aid the Court in resolving the pending motion to transfer venue in this case, Dkt. 21, the parties are hereby directed to submit supplemental letter briefs concerning whether, under Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), a court would review the denial of benefits to Plaintiff de novo or under the arbitrary and capricious standard, and, given the standard to be applied, whether the Court’s review would be limited to the administrative record or whether instead the Court would have discretion to conduct factfinding outside the record. Those briefs shall be no more than six pages, single spaced, and shall be submitted by September 16, 2022. SO ORDERED. Dated: September 12, 2022 heap y an New York, New York JOHN P. CRONAN United States District Judge