Barboza v. California Association of Professional Firefighters, Long-Term Disability Plan et al

Filing 60

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 08/27/10 AMENDING the 16 Pretrial Scheduling Order: The Motion for Summary Judgment Hearing is reset for 10/22/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Final Pretrial Conference reset for 1/21/2011 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Bench Trial reset for 4/5/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Manzer, C)

Barboza v. California Association of Professional Firefighters, Long-Term Disability Plan et al

Doc. 60

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

GEOFFREY V. WHITE (SBN. 068012) LAW OFFICE OF GEOFFREY V. WHITE 351 California St., Suite 1500 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff DAVID BARBOZA LOUIS A. GONZALEZ, JR. (SBN 157373) BRENDAN J. BEGLEY (SBN 202563) WEINTRAUB GENSHLEA CHEDIAK 400 Capitol Mall, 11th Flr. Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS LONG-TERM DISABILITY PLAN; and CALIFORNIA ADMINISTRATION INSURANCE SERVICES, INC. and KENNETH BLANTON, DENNIS CAMPANALE, GENE DANGEL, JAMES FLOYD, CHARLES GLUCK, PRIAN PINOMAKI, and WILLIAM SOQUI, Individually and as Plan Directors

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DAVID BARBOZA, Plaintiff, v. CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:08-cv-02569-FCD-GGH STIPULATION AND ORDER RE: MODIFICATION TO PRETRIAL SCHEDULING ORDER

Stipulation and Order Re Scheduling Order - Case No. 2:08-cv-02569-FCD-GGH

-

1Dockets.Justia.com

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

WHEREAS the Court issued its Pretrial Scheduling Order on February 29, 2009, which set the latest date for hearing dispositive motions as June 18, 2010; WHEREAS the Court modified its Pretrial Scheduling Order on April 27, 2010, which set the last date for hearing dispositive motions as August 20, 2010; WHEREAS, pursuant to the parties Stipulation, to accommodate Defendants' counsel, the Court amended its Pretrial Scheduling Order on July 23, 2010 to extend the last date to hear the parties' motions for summary judgment or adjudication to September 10, 2010; WHEREAS, on August 20, 2010, the Court sua sponte extended the date for hearing on the parties' motions for summary judgment or adjudication to September 24, 2010; WHEREAS, Plaintiff's counsel, Geoffrey V. White, will be out of the country from September 23, 2010 through October 13, 2010, without access to the files and documents in this matter, and has no partner or associate who could appear on his behalf in this matter on September 24, 2010; THEREFORE THE PARTIES STIPULATE that, pursuant to Federal Rule of Civil Procedure 16(b)(4) good cause exists for modifying the Court's Pretrial Scheduling Order to continue to the next available law and motion date of October 22, 2010, the hearing date on the parties motions for summary judgment or adjudication. The parties agree that Plaintiff's

Opposition to Defendants' motion for summary judgment shall be filed on or before September 10, 2010, and that Defendants' Reply shall be filed on or before September 17, 2010, as presently scheduled. The parties agree that this change in the hearing date will necessitate a change to the Pretrial Conference and Trial dates in this matter, but stipulate that the anticipated resolution of at least some of the issues to be decided warrants such changes. Dated: August 26, 2010 LAW OFFICE OF GEOFFREY V. WHITE

By____/s/_____________________________ Geoffrey V. White, Attorney for Plaintiff DAVID BARBOZA

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

Dated: August 26, 2010

WEINTRAUB GENSHLEA CHEDIAK By: _____/s/_______________________ Brendan J. Begley Attorneys for Defendants CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS LONG-TERM DISABILITY PLAN; and CALIFORNIA ADMINISTRATION INSURANCE SERVICES, INC., KENNETH BLANTON, DENNIS CAMPANALE, GENE DANGEL, JAMES FLOYD, CHARLES GLUCK, BRIAN PINOMAKI and WILLIAM SOQUI. ORDER

As it appears that the parties are working diligently to resolve issues and streamline the issues in this matter and Plaintiff's counsel will be unable, despite his best efforts, to attend the hearing in this matter on September 24, 2010, the Court finds that good cause exists for modifying its Pretrial Scheduling Order as follows: IT IS SO ORDERED that the Pretrial Scheduling Order shall be amended to extend the date for hearing the parties' motions for summary judgment or adjudication to October 22, 2010. As a result of these changes, the Final Pretrial Conference, previously set for October 29, 2010 is changed to January 21, 2011, at 2:00 p.m., and the Bench Trial previously set for January 25, 2011 is changed to April 5, 2011, at 9:00 a.m.

DATE: August 27, 2010

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