Celedonia Yue v. Conseco Life Insurance Company

Filing 15

Filed (ECF) Appellee Celedonia X. Yue in 11-55275, Appellant Celedonia X. Yue in 11-55359 Unopposed Motion to extend time to file Second Brief on Cross-Appeal brief until 10/17/2011. Date of service: 08/15/2011. [7857504] [11-55275, 11-55359] (TPD)

Appeal Nos. 11-55275, 11-55359
______________________________________________________________
In the

UNITED STATES COURT OF APPEALS
for the

Ninth Circuit
_____________________________
CELEDONIA X. YUE, M.D.,
on behalf of the class of others similarly situated,
Plaintiff-Appellee,
v.
CONSECO LIFE INSURANCE COMPANY,
Defendant-Appellant.
________________________________
Appeal from the United States District Court for the Central District of California,
No. 08-CV-01506 • Honorable A. Howard Matz
UNOPPOSED MOTION FOR EXTENSION OF TIME

Timothy P. Dillon, Esq.
LAW OFFICES OF
TIMOTHY P. DILLON
361 Forest Ave., Suite 205
Laguna Beach, California 92651
Telephone: [phone]
Facsimile: [phone]

Andrew S. Friedman, Esq.
Francis J. Balint, Jr., Esq.
BONNETT, FAIRBOURN,
FRIEDMAN & BALINT, P.C.
2901 North Central Ave., Suite 1000
Phoenix, Arizona 85012
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff-Appellee

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

In accordance with Ninth Circuit Rule 31-2.2(b), Plaintiff-Appellee
respectfully submits this unopposed motion and accompanying declaration in
support of an extension of her time to file the second brief on cross appeal. The
second brief on cross-appeal is presently due on August 31, 2011 and, with the
requested 45 day extension of time, the brief will be due on October 17, 2011.

Defendant-Appellant has consented to the relief sought by this motion. No
further extensions of time for this brief will be sought and Plaintiff-Appellee will
file the second brief on cross-appeal within the requested time.

As set forth in the accompanying declaration of Timothy P. Dillon, PlaintiffAppellee has exercised diligence and there is substantial need for the requested
extension.

Under these circumstances, Plaintiff-Appellee respectfully requests that the

1

Court grant the requested extension of 45 days so that Plaintiff-Appellee’s second
brief on cross-appeal will be due on October 17, 2011.

Respectfully submitted,
Dated: August 15, 2011

LAW OFFICES OF TIMOTHY P. DILLON

By:

Dated: August 15, 2011

s/Timothy P. Dillon
Timothy P. Dillon

BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, PC

By:

s/Francis J. Balint, Jr.
Andrew S. Friedman
Francis J. Balint, Jr.

Attorneys for Plaintiff-Appellee

2

DECLARATION OF TIMOTHY P. DILLON
I, Timothy P. Dillon, declare and say, as follows:
1.

I am co-counsel for Plaintiff-Appellee Yue and the certified

nationwide class of policyholders in this action. I have personal knowledge of the
facts set forth below and, if called as a witness, I could and would competently
testify thereto. I respectfully submit this declaration in support of PlaintiffAppellee’s unopposed motion for an extension of time to file the second brief on
cross-appeal in this matter.
2.

At present, Plaintiff-Appellee’s brief is due on August 31, 2011. This

is the first due date for this brief as there were no prior extensions of time.
Plaintiff-Appellee respectfully requests an extension of 45 days so that the brief
will now be due on October 17, 2011. No further extensions of time will be sought
with respect to this brief. Plaintiff-Appellee has exercised due diligence and the
brief will be filed within the time requested. There is substantial need for the
extension.
3.

Since mid-July 2011, my law firm has been in the process of moving

our offices from Laguna Beach to Los Angeles and, during this period, we have
been operating with a reduced temporary staff. In July, I moved my residence
from Orange County to Los Angeles. Due to several unforeseen circumstances,
the process of closing our Laguna Beach office, securing suitable office space in
Los Angeles, and hiring staff in Los Angeles has taken much longer and been
materially more time consuming than originally anticipated. We have finally
secured suitable office space in Los Angeles and we are now in the process of
negotiating a sublease with the landlord in Los Angeles. We are also now making
arrangements with various vendors and suppliers of services, and others so that we
3

may successfully move our practice in Los Angeles.
4.

Given the distance from Laguna Beach to Los Angeles, we need to

hire new staff in Los Angeles and we are also in the process of interviewing new
staff to support our office in Los Angeles. Given the uncertainty in the economy,
our Laguna Beach office staff was presented with other employment opportunities
after the move was announced and secured other employment in Orange County.
We are presently operating with only a reduced temporary staff from Laguna
Beach and I have been spending my time in Los Angeles attempting to work
remotely from my new residence in Los Angeles.
5.

We hope our new office in Los Angeles will be fully operational with

new staff in Los Angeles on or about September 15, 2011. Our firm has the
laboring oar and primary responsibility in preparing and finalizing the second brief
on cross-appeal and the circumstances described in this declaration have
substantially hindered and delayed our ability to prepare the brief within the
current time deadlines and will continue to do so.
6.

Under these circumstances, we respectfully submit that the extension

is necessary in that we have exercised diligence and there is substantial need for
the extension of time to file the brief. The brief will be filed within the requested
time. No further extensions for this brief will be sought.
7.

Counsel for Defendant-Appellant Conseco Life Insurance Company,

Adam Kaiser, after being apprised of the situation described in this declaration,
consented to the relief sought by this motion.
8.

The court reporter is not in default with respect to any designated

transcripts.

4

9.

In accordance with Ninth Circuit Rule 31-2.2(b), Plaintiff-Appellee

respectfully requests that this Court grant the requested extension of time so that
Plaintiff-Appellee’s second brief on cross-appeal will be due on October 17, 2011.
I declare under penalty of perjury under the laws of the United States that
the foregoing is true and correct.
Executed on this 15th day of August 2011 at Los Angeles, California.
s/Timothy P. Dillon
Timothy P. Dillon

5

9th Circuit Case Number(s) 11-55275, 11-55359

CERTIFICATE OF SERVICE

When All Case Participants are Registered for the Appellate CM/ECF System

I hereby certify that I electronically filed the foregoing with the Clerk of the Court
for the United States court of Appeals for the Ninth Circuit by using the appellate
CM/ECF system on August 15, 2011.

I certify that all participants in the case are registered CM/ECF users and that
service will be accomplished by the appellate CM/ECF system.
s/Timothy P. Dillon

6