Hawley v. Life Insurance Company of North America

Filing 19

ORDER signed by Judge Frank C. Damrell, Jr on 01/26/09 GRANTING 18 Third Stipulation Re: Scheduling of this matter. IT IS ORDERED that opening briefs can be filed on or before February 13, 2009, oppositions to the opening brief will be filed on or before March 13, 2009, and any reply briefs will be filed no later than April 3, 2009. (Streeter, J)

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ADRIENNE C. PUBLICOVER (SBN 161432) SEAN P. NALTY (SBN 121253) WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD HAWLEY, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA Defendants.

) Case No.: 2:08-CV-00079-FCD-KJM ) ) THIRD STIPULATION AND ORDER ) RE: SCHEDULING OF THIS MATTER ) ) ) ) ) ) ) ) )

COMES NOW, plaintiff Richard Hawley, through his counsel of record, Thornton Davidson, and defendant Life Insurance Company of North America, though its counsel of record, Sean P. Nalty and enter into the following stipulation concerning scheduling of this matter: This matter is governed by the Employee Retirement Income Security Act of 1974 ("ERISA") and is set for a one half day court trial. In light of the trial date in this matter being moved by the Court from March 27, 2009 to May 15, 2009, the parties wish to modify the briefing schedule in this matter as follows: The parties suggest the following briefing schedule based on the new trial date: 1. The parties originally stipulated that the opening brief will be filed on or before

January 23, 2009 and then January 30, 2009. With the new trial date, the parties hereby stipulate
1 STIPULATION AND ORDER RE: SCHEDULING OF THIS MATTER USDC EDCA Case No. 2:08-CV-00079-FCD-KJM

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that this deadline can be extended to February 13, 2009. Any opposition to the opening briefs will be filed on or before March 13, 2009. Any reply briefs will be filed no later than April 3, 2009. The parties will provide the administrative record to the court with the opening briefs.

IT IS SO STIPULATED. Date: January 26, 2009

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

By: _____________/s/ Sean P. Nalty______________ Sean P. Nalty Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA Date: January 26, 2009

THE ERISA LAW GROUP

By: _______/s/ Thornton Davidson________________ Thornton Davidson Attorneys for Plaintiff RICHARD HAWLEY ORDER Based on the stipulation of the parties as set forth above, and the May 15, 2009 trial date, the Court hereby orders that opening briefs can be filed on or before the February 13, 2009, oppositions to the opening briefs will be filed on or before March 13, 2009, and any reply briefs will be filed no later than April 3, 2009.

IT IS ORDERED. Dated: January 26, 2009

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

2 STIPULATION AND ORDER RE: SCHEDULING OF THIS MATTER USDC EDCA Case No. 2:08-CV-00079-FCD-KJM