Warkentin v. Federated Life Insurance Company

Filing 124

ORDER setting briefing schedule - Plaintiff and defendant shall file their opening briefs on or before 1/30/2015; opposition due 2/13/2015; reply due 2/27/2015; Motion Hearing set for 3/18/2015 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 12/16/2014. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEITH WARKENTIN,

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Plaintiff,

ORDER SETTING BRIEFING SCHEDULE

v.

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Case No. 1:10-cv-00221-SAB

FEDERATED LIFE INSURANCE
COMPANY, et al.,

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Defendants.
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On December 16, 2014, the Court held a status conference in this matter to set a briefing

19 schedule on the issues set forth in the Ninth Circuit’s December 2, 2014 memorandum decision
20 remanding this action back to this Court. The Court sets the following briefing and hearing
21 schedule on the issues regarding 1) whether the Court should exercise its discretion as to whether
22 Plaintiff Keith Warkentin (“Plaintiff”) established excusable neglect for the late-filed opposition
23 to Defendant Federated Life Insurance Company’s (“Defendant”) motion for summary
24 judgment, 2) whether the Court should exercise its discretion as to whether Defendant’s
25 proposed undisputed facts should be deemed admitted or instead take other action, such as
26 allowing the entry of the late-submitted factual material while providing Defendant with time to
27 respond, and 3) whether Defendant is entitled to summary judgment on its rescission claim.
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It is HEREBY ORDERED that:

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1.

Plaintiff and Defendant shall file their respective opening briefs, as noted at the
hearing, on the issues delineated above on or before January 30, 2015;

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2.

The parties shall file opposition briefs on or before February 13, 2015;

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3.

The parties shall file reply briefs, if any, on or before February 27, 2015; and

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4.

The Court sets a hearing on the matter for March 18, 2015 at 10:00 a.m. in
Courtroom 9 (SAB) before United States Magistrate Judge Stanley A. Boone.

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IT IS SO ORDERED.

10 Dated:

December 16, 2014
UNITED STATES MAGISTRATE JUDGE

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