Free Status Report - District Court of Delaware - Delaware

Case 1 :04-cv-01470-JJF Document 36 Filed O2/O2/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHARON MARMON-KACZOROWSKI *
Plaintiff *
v. * Civil Action N0. 04-1470-JJF
CONTINENTAL CASUALTY °"
COMPANY

Defendant

JOINT STATUS REPORT
The parties, by their undersigned counsel, hereby submit this joint report regarding the
status of this litigation.
1. This matter arises from a dispute over the denial of long-term disability benefits
claimed under a disability income insurance policy issued by Defendant, Continental Casualty
Company (‘“Defendant" or "Continental"). The Plaintiff, Sharon Marmon-Kaczorowski
("Plaintiff" or "Ms. Marmon-Kaczorowski"), has alleged that Continental improperly denied
disability benefits to her which were due under Continental Policy Number SR-83090156 (the
"Plan").
2. As this case involves a claim made pursuant to an employee welfare benefit plan,
Plaintiff’ s claim is governed by federal law, namely the Employee Retirement Income Security
Act ("ERISA") of 1974, as amended 29 U.S.C.§§ 1100, et seq. and § 1132.
3. On September 12, 2005, Continental filed its Motion for Summary Judgment.

Case 1:04-cv-01470-JJF Document 36 Filed O2/O2/2007 Page 2 of 3
4. On October 3, 2005, Ms. Marmon-Kaczorowski filed her Response in Opposition
to Continental’s Motion for Summary Judgment.
5. On March 22, 2006, this Court issued an Order denying Continental’s Motion for
Summary Judgment.
6. On August 22, 2006, the Parties jointly filed their Rule l6 Scheduling Order.
7. On November 2l, 2006, the Court issued a Memorandum Order setting forth a
briefing schedule for Cross-Motions for Summary Judgment.
8. On December l, 2006, a letter was sent to the Court on behalf of the parties
stating that they were interested in pursuing mediation with Magistrate Judge Thynge prior to
entering into a briefing schedule in an effort to resolve this action. In the event that a mediation
was unsuccessful, the parties would then submit a stipulated briefing schedule within ten (10)
days after the mediation.
9. On December 7, 2006, the Court issued an Order referring this action to
Magistrate Judge Thynge for the purpose of exploring the possibility of a settlement.
l0. To date, the parties have not heard from Magistrate Judge Thynge in terms of
setting a date for the mediation. The parties are continuing their efforts to schedule a date with
Magistrate Judge Thynge for the mediation.
1 l. ln the event that mediation with Magistrate Judge Thynge is unsuccessful, the
parties will, pursuant to this Court’s November 2l, 2006 Order, file a stipulated brieing schedule
on the Cross-Motions for Summary Judgment.

Case 1:04-cv-01470-JJF Document 36 Filed O2/O2/2007 Page 3 of 3
Respectfully submitted,
Q @1
Robert C. McDonald, Fed. Bar No. 2340 David G. Culley, Fed. Bar No. 2141
SILVERMAN, McDONALD & FRIEDMAN Susan A. List, Fed. Bar No. 3752
1010 N. Bancroft Parkway, Suite 22 TYBOUT, REDFEARN & PELL
Wilmington, Delaware 19805 300 Delaware Avenue, Suite 1100
(302) 888-2900 P.O. Box 2092
Wilmington, Delaware, 19899
Attorneys for Plaintiff (302) 658-6901
LS!
J. Snowden Stanley, Jr.
SEMMES, BOWEN & SEMMES
250 West Pratt Street
Baltimore, Maryland 21201
(410) 539-5040
Attorneys for Defendant
BO681010.DOC