Graham v. Madison Nation Life Insurance Company, Inc.

Filing 13

STIPULATION and ORDER allowing the filing of second amended complaint. Order signed by Judge Oliver W. Wanger on 2/13/2009. (Timken, A)

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W IL L IA M L. SCHMIDT, SBN #206870 A T T O R N E Y AT LAW P .O . Box 25001 F r e sn o , CA 93729 T E L E P H O N E : 559.261.2222 F A X : 559.436.8163 E -M A IL : [e-mail] A tto rn e y for Plaintiff UNITED STATES DISTRICT COURT

7 EASTERN DISTRICT OF CALIFORNIA 8 9 BARBARA GRAHAM, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Life (hereinafter "MNL"), policy no. 79250062, on or about April 23, 1997. Ms. 26 Graham paid all premium payments timely in accordance with the policy. 27 28 Paragraph 5 of the Second Amended Complaint has the following additional wording. 5. Barbara Graham purchased a Disability Income Policy from Madison National The Second Amended Complaint is identical to the First Amended Complaint except for the following changes. The present paragraph 5 reads as follows: It is hereby stipulated by the parties, through their respective attorneys of record, that Plaintiff BARBARA GRAHAM, may file the proposed/attached Second Amended Complaint. ) ) Plaintiff ) ) vs. ) ) MADISON NATIONAL LIFE INSURANCE, ) INC., ) ) Defendant. ) ____________________________________ ) CASE NO. 1:08-CV-01480 OWW DLB OF

STIPULATION TO ALLOW FILING SECOND AMENDED COMPLAINT Complaint Filed: October 1, 2008

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"and performed all conditions required under the contract with MNL or they were excused."

Count II is modified to include the same additional paragraph which reads:

31. Barbara Graham purchased a Disability Income Policy from MNL, policy no. 79250062, on or about April 23, 1997. Ms. Graham paid all premium payments timely in accordance with the policy and performed all conditions required under the

9 contract with MNL or they were excused. 10 11 Count III is modified to include the same additional paragraph which reads: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // 2 By: It is further stipulated that any response currently due by Defendant Madison National Life Insurance, Inc., to Plaintiff's First Amended Complaint may await the Court's anticipated approval of Plaintiff's filing of the Second Amended Complaint. Date: February 9, 2009 By: /s/ William L. Schmidt Attorney for Plaintiff /s/ R. Libke for A. Sorenson as authorized 2/9/09 Andrew Sorenson Attorney for Defendant 33. Barbara Graham purchased a Disability Income Policy from MNL, policy no. 79250062, on or about April 23, 1997. Ms. Graham paid all premium payments timely in accordance with the policy and performed all conditions required under the contract with MNL or they were excused

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED: DATE: February 13, 2009 /s/ OLIVER W. WANGER Judge Oliver W. Wanger Judge of the United States District Court ORDER

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