Warkentin v. Federated Life Insurance Company

Filing 139

Order setting briefing schedule on new case law, signed by Magistrate Judge Stanley A. Boone on 4/8/2015. (Brief addressing the application of new case law to this action Deadline: 4/15/2015; Defendant's Reply due by 4/22/2015) (Rosales, O)

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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
ON NEW CASE LAW

v.

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

FEDERATED LIFE INSURANCE
COMPANY,

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Defendant.
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AND RELATED COUNTERCLAIMS
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On December 2, 2014, this action was remanded by the Ninth Circuit for this Court to
consider whether Plaintiff had exhibited excusable neglect in filing his late opposition to
Defendant’s motion for summary judgment and for consideration of the motion for summary
judgment applying the correct fraud standard. At the direction of the Court, the parties filed
briefing on the issues identified in the remand order; and the Court held oral argument on April
8, 2014.
On March 18, 2015, Plaintiff filed a notice of supplemental authority. The issue of
whether subsequent authority should be addressed was discussed at the April 18, 2014. Based on
the discussion, the Court shall provide the parties the opportunity to brief any new relevant case

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1 law since the time that the motion for summary judgment was originally submitted for decision
2 on March 23, 2012.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff shall file a brief addressing the application of new case law to this action
on or before April 15, 2015;

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2.

Defendant shall file a reply brief on or before April 22, 2015; and

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3.

Absent notice from the parties of other relevant authority that should be

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addressed, the matter shall be considered submitted upon the filing of Defendant’s

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reply brief.

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IT IS SO ORDERED.

12 Dated:

April 8, 2015
UNITED STATES MAGISTRATE JUDGE

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