Beals v. Metropolitan Life Insurance Company et al

Filing 21

STIPULATION and ORDER 20 , signed by Judge William B. Shubb on 9/4/09: The hearing date and briefing schedule is hereby RESET for 11/9/2009 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The Pretrial Conference date of 12/14/2009 and the Court Trial date of 2/17/2010 shall remain unchanged.(Kastilahn, A)

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

MAYNARD, COOPER & GALE, P.C. PETER S. FRUIN California Bar No. 151838 WILLIAM B. WAHLHEIM, JR. (pro hac vice) 1901 Sixth Avenue North 2400 Regions/Harbert Plaza Birmingham, AL 35203-2618 Telephone: [phone] Facsimile: 205.254.1999 Attorneys for Defendant MERRILL LYNCH & CO., INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SHERRIE BEALS, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, MERRILL LYNCH, AND DOES 1 TO 100, Defendants.

Case No. 2:08-cv-02116-WBW-KJM STIPULATION AND PROPOSED ORDER TO EXTEND HEARING AND FILING DATES

Plaintiff Sherrie Beals and Defendants Merrill Lynch and Metropolitan Life Insurance Company ("MetLife") by and through their respective attorneys of record, hereby stipulate and agree that: 1. The parties are actively engaged in settlement negotiations. Plaintiff's counsel has had repeated discussions with defense counsel for Merrill Lynch as to resolution of this claim for long term disability benefits under the self-funded Merrill Lynch Basic Long Term Disability Plan. Merrill Lynch's ability to obtain final settlement authority has been complicated by its reorganization in connection with the acquisition by Bank of America, and Merrill Lynch requires additional time to complete the settlement process. The parties would further request the opportunity to direct their resources at this time to

STIPULATION TO EXTEND HEARING AND FILING DATES

1 2 3 2. 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 3. 4.

settlement rather than to the dispositive motion pleadings which are currently due on September 11, 2009. The parties are reasonably confident this matter will resolve, but not prior to the briefing necessary for the September 11, 2009 motion date. The parties hereby request a continuance. The parties are available for hearing dates in November, 2009. The existing briefing schedule set by the court is requested to be vacated and reset in accordance with the new hearing.

DATED: September 4, 2009

SEDGWICK, DETERT, MORAN & ARNOLD LLP /s/ Cari Cohorn CARI COHORN Attorneys for Defendant Metropolitan Life Insurance Company

DATED: September 4, 2009

MAYNARD, COOPER & GALE, P.C. /s/ William B Wahlheim, Jr. WILLIAM B. WAHLHEIM, JR. Attorneys for Defendant Merrill Lynch & Co., Inc.

DATED: September 4, 2009

DAVID ALLEN & ASSOCIATES DAVID ALLEN /s/ David Allen DAVID ALLEN Attorneys for Plaintiff Sherrie Beals

2 STIPULATION TO EXTEND HEARING AND FILING DATES

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

ORDER The parties stipulate and good cause shows judicial economy would be served by vacating the hearing date and briefing schedule set by the court. The hearing date and briefing schedule is reset in accordance with the Local Rules of this court and with the new hearing date of November 9, 2009 at 2:00 p.m. The Pretrial Conference date of 12/14/2009 and the Court

Trial date of 2/17/2010 shall remain unchanged.

IT IS SO ORDERED. Dated: September 4, 2009

3 STIPULATION TO EXTEND HEARING AND FILING DATES