Celedonia Yue v. Conseco Life Insurance Company

Filing 5

DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL ON CROSS APPEAL.. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Mediation Questionnaire due on 03/11/2011. First cross appeal brief due 08/01/2011 for Conseco Life Insurance Company. Second brief on cross appeal due 08/31/2011 for Celedonia X. Yue. Third brief on cross appeal due 09/30/2011 for Conseco Life Insurance Company . Optional reply brief due 14 days from service of third brief on cross appeal. [7668792] [11-55359, 11-55275] (BG)

Office of the Clerk
United States Court of Appeals for the Ninth Circuit
Post Office Box 193939
San Francisco, California 94119-3939
415-355-8000
Molly C. Dwyer
Clerk of Court

No.:
D.C. No.:
Short Title:

March 04, 2011

11-55359
2:08-cv-01506-AHM-SH
Celedonia Yue v. Conseco Life Insurance Company

Dear Appellants/Counsel
A copy of your notice of appeal/petition has been received in the Clerk's office of
the United States Court of Appeals for the Ninth Circuit. The U.S. Court of
Appeals docket number shown above has been assigned to this case. You must
indicate this Court of Appeals docket number whenever you communicate with
this court regarding this case.
Please furnish this docket number immediately to the court reporter if you place an
order, or have placed an order, for portions of the trial transcripts. The court
reporter will need this docket number when communicating with this court.
The due dates for filing the parties' briefs and otherwise perfecting the appeal
have been set by the enclosed "Time Schedule Order," pursuant to applicable
FRAP rules. These dates can be extended only by court order. Failure of the
appellant to comply with the time schedule order will result in automatic
dismissal of the appeal. 9th Cir. R. 42-1.

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

FILED
MAR 04 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

CELEDONIA X. YUE, M.D., on behalf
of the class of others similarly situated
and on behalf of the General Public,
Plaintiff - Appellee,

No. 11-55275
D.C. No. 2:08-cv-01506-AHM-SH
U.S. District Court for Central
California, Los Angeles

v.
TIME SCHEDULE ORDER
CONSECO LIFE INSURANCE
COMPANY, Successor: Philadelphia
Life Insurance Company, FKA
Massachusetts General Life Insurance
Company,
Defendant - Appellant.

CELEDONIA X. YUE, M.D., on behalf
of the class of others similarly situated
and on behalf of the General Public,
Plaintiff – Cross/Appellant,
v.
CONSECO LIFE INSURANCE
COMPANY, Successor: Philadelphia
Life Insurance Company, FKA

No. 11-55359
D.C. No. 2:08-cv-01506-AHM-SH
U.S. District Court for Central
California, Los Angeles

Massachusetts General Life Insurance
Company,
Defendant – Cross/Appellee.

This order vacates all brief due dates set by previously issued time schedule orders.
The parties shall meet the following cross appeal time schedule.
Fri., March 11, 2011

Mediation Questionnaire due. If your registration for
Appellate ECF is confirmed after this date, the
Mediation Questionnaire is due within one day of
receiving the email from PACER confirming your
registration.

Mon., August 1, 2011

The party(s) who filed the first appeal shall file and
serve the first brief on cross-appeal pursuant to FRAP
32 and 9th Cir. R. 32-1.

Wed., August 31, 2011

The party(s) who filed the second appeal shall file
and serve the second brief on cross-appeal pursuant
to FRAP 32 and 9th Cir. R. 32-1.

Fri., September 30, 2011

The third brief on cross-appeal shall be filed and
served pursuant to FRAP 32 and 9th Cir. R. 32-1.

The optional cross appeal reply brief shall be filed and served within fourteen
days of service of the third brief on cross appeal, pursuant to FRAP 32 and
9th Cir. R. 32-1.
Failure of the appellants to comply with the Time Schedule Order will result
in automatic dismissal of the appeal. See 9th Cir. R. 42-1.

FOR THE COURT:
Molly C. Dwyer
Clerk of Court
Blanca Gurule
Deputy Clerk