Honnevk et al v. Farmers New World Life Insurance Company

Filing 34

STIPULATION and ORDER to continue scheduling conference date, signed by Magistrate Judge Stanley A Boone on 06/13/2013. Scheduling Conference currently set for 6/25/2013 has been CONTINUED to 8/27/2013 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A Boone. (Figueroa, O)

1 William D. Naeve (SBN 92270)

MURCHISON & CUMMING, LLP

2 200 West Santa Ana Boulevard, Suite 801

Santa Ana, California 92701-4134

3 Telephone: [phone]

Facsimile: [phone]

4 [e-mail]
5 Attorneys for Defendant, FARMERS NEW

WORLD LIFE INSURANCE COMPANY

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7 Timothy L. Marks

TIMOTHY L. MARKS & ASSOCIATES

8 4753 East Olive Avenue, Suite 103

Fresno, CA 93702

9 Telephone: [phone]

Facsimile: [phone]

10 [e-mail]
11 Attorney Plaintiffs, FRISCO HONNEVK and

BOUALAI VONGPHACHANH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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FRISCO HONNEVK, BOUALAI

CASE NO. 1:11 CV 01531 AWI DLB

Plaintiffs,

STIPULATION AND ORDER TO
CONTINUE SCHEDULING
CONFERENCE DATE

17 VONGPHACHANH,
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vs.

20 FARMERS NEW WORLD LIFE

INSURANCE COMPANY,

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Defendant.

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TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL

27 PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
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It is hereby stipulated by and between plaintiffs, FRISCO HONNEVK and

2 BOUALAI VONGPHACHANH, and defendant, FARMERS NEW WORLD LIFE
3 INSURANCE COMPANY ("FNWL"), and each of them, by and through their
4 respective attorneys of record that the June 25, 2013 Scheduling Conference be
5 continued to a date established by this Court.
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This Stipulation is predicated on good cause and not presented for purposes of

7 delay and is based on the following facts.
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1.

By this Court's April 26, 2013 Minute Order, the previously set Pretrial

9 Conference date of May 3, 2013, and the June 11, 2013 trial date were vacated in light
10 of the fact that the Court has not yet issued a ruling on defendant FNWL's pending
11 Motion for Summary Judgment and/or Summary Adjudication. Instead, the Court set
12 this case for a Scheduling Conference to occur on June 25, 2013.
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2.

The Court has not yet assigned a new trial date to this action.

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3.

The Court has not yet issued a ruling on FNWL's pending Motion for

15 Summary Judgment. Accordingly, counsel for plaintiffs and defendant have met and
16 conferred, and agreed to submit this Stipulation to the Court requesting that the
17 June 25, 2013 Scheduling Conference be continued until the Court has ruled on the
18 pending Motion for Summary Judgment. The parties decided to submit this request
19 since they do not know how they would prepare for or know what issues need to be
20 addressed at the Scheduling Conference until a ruling has been issued on the pending
21 Motion for Summary Judgment.
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4.

Predicated on these facts, the parties respectfully request this Court to

23 continue the June 25, 2013 Scheduling Conference until after a ruling has been issued
24 on defendant FNWL's pending Motion for Summary Judgment.
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IT IS SO STIPULATED.

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3 DATED: June 12, 2013

MURCHISON & CUMMING, LLP

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By: /s/
William D. Naeve
Attorneys for Defendant,
FARMERS NEW WORLD LIFE
INSURANCE COMPANY

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10 DATED: June 12, 2013

TIMOTHY I. MARKS & ASSOCIATES

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By: /s/
Timothy I. Marks
Attorneys for Plaintiffs
FRISCO HONNEVK and BOUALAI
VONGPHACHANH

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ORDER

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Based upon the foregoing and GOOD CAUSE APPEARING THEREFOR,
IT IS SO ORDERED:

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The existing Scheduling Conference date of June 25, 2013, shall be continued to

7 August 27, 2013 at 3:00 p.m. and the filing deadlines for documents required to be
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filed in advance of this Scheduling Conference shall be continued pursuant to Federal

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Rules of Civil Procedure Rules 281 and 281.

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IT IS SO ORDERED.

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Dated:

June 13, 2013

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UNITED STATES MAGISTRATE JUDGE

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