Desrosiers v Hartford Fire Ins., et al

Filing 50

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 2/8/2013 ORDERING that the hearing date of 2/21/2013, for Defendant's 42 Motion for Summary Judgment or in the alternative Partial Summary Judgment is CONTINUED to 3/21/2013, with all related Opposition and Reply dates based upon that new hearing date. (Zignago, K.)

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1 2 3 CHRISTOPHER H. WHELAN, INC. Christopher H. Whelan (SBN 80823) 11246 Gold Express Drive, Suite 100 Gold River, California 95670 Telephone: (916) 635-5577 Facsimile: (916) 635-9159 4 5 6 7 8 9 10 11 Attorneys for Plaintiff, LINDA K. DESROSIERS JACKSON LEWIS LLP ROBERT J. SCHNACK (SBN 191987) JERRY J. DESCHLER JR. (SBN 215691) 801 K Street, Suite 2300 Sacramento, CA 95814 Telephone: (916) 341-0404 Facsimile: (916) 341-0141 Attorneys for Defendants THE HARTFORD aka HARTFORD FIRE INS. CO. And HARTFORD FINANCIAL SERVICES GROUP, INC. 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 LINDA K. DESROSIERS, 17 18 19 20 21 22 23 Plaintiff, v. THE HARTFORD aka HARTFORD FIRE INS. CO., HARTFORD FINANCIAL SERVICES GROUP, INC., and DOES 1 through 20, inclusive, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:09-cv-02057-MCE-GGH STIPULATION AND JOINT APPLICATION TO CONTINUE THE HEARING DATE FOR DEFENDANTS SUMMARY JUDGMENT MOTION OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT DUE TO HEALTH RELATED ISSUES FOR PLAINTIFF’S COUNSEL’S FAMILY MEMBERS ORDER THEREON Complaint Filed: January 26, 2009 Trial Date: January 6, 2014 24 25 Pursuant to Federal Rule of Civil Procedure 16(b)(4), and for good cause shown, Plaintiff 26 Linda K. DesRosiers ("Plaintiff") and Defendants The Hartford aka Hartford Fire Ins. Co. and 27 Hartford Financial Services Group, Inc. (collectively hereinafter "Defendants"), through their 28 1 1 respective counsel of record, hereby stipulate and jointly request that the Court continue the present 2 hearing date for defendants Motion for Summary Judgment or in the alternative Partial Summary 3 Judgment from February 21, 2013 to March 21, 2013. This twenty eight day (28) requested extension of 4 the hearing date and all related dates (Opposition and Reply )will not impact the trial date or any other 5 deadlines, and will still allow these dispositive motions to be heard approximately ten months before trial. 6 THE PARTIES HEREBY STIPULATE AS FOLLOWS: 7 WHEREAS this matter has recently been set for trial on January 14, 2014. 8 WHEREAS per a prior extension the hearing date was set for February 21, 2013. 9 WHEREAS this twenty eight (28) day extension has become necessary because Plaintiff’s 10 counsel, a sole practitioner, has had to virtually shut down his practice for the last three weeks to be with 11 his 86 year old mother who has been in St. Agnes hospital in Fresno, California as a result of a stroke. 12 Her hospital stay has included long stays in and out of ICU twice as a result of the combination of 13 breathing, heart problems and brain damage caused by the stroke. Plaintiff counsel, his brother and 14 sisters are providing 24 hour assistance and watch for his mother in the hospital during this period, which 15 could go on for a number of weeks at least. This intense care is necessary since Plaintiff’s counsel’s 16 mother is constantly trying to climb out of bed to go home and/or take off her breathing devices. This 24 17 watch is also necessary to back up the busy nurses, who because of confusion in the record administered 18 the wrong medicine during a brief break in the watch causing about a day and a half of a near coma state. 19 Plaintiff’s counsel’s shifts in this watch have been 13 to 19 hours per day. This schedule has made it 20 impossible to read, much less respond, to the motion. 21 Consequently, good cause exists for continuing the hearing date twenty eight days (28) to 22 March 21, 2013. 23 //// 24 //// 25 //// 26 //// 27 28 2 1 2 IT IS SO STIPULATED. Dated: January 29, 2013 CHRISTOPHER H. WHELAN, INC. 3 By: _____/S/ Christopher H. Whelan 4 Christopher H. Whelan Attorneys for Plaintiff LINDA K. DESROSIERS 5 6 JACKSON LEWIS LLP By:_/S/ Jerry J. Deschler, JR. Dated: January 28, 2013 7 ROBERT J. SCHNACK JERRY J. DESCHLER, JR. 8 9 Attorneys for Defendants THE HARTFORD aka HARTFORD FIRE INS.CO and HARTFORD FINANCIAL SERVICES GROUP, INC. 10 11 12 ORDER 13 Having reviewed the parties' stipulation, and good cause appearing therefore, 14 IT IS HEREBY ORDERED The hearing date of February 21, 2013, for Defendant’s Motion for 15 Summary Judgment or in the alternative Partial Summary Judgment be continued to March 21, 2013, with 16 all related Opposition and Reply dates based upon that new hearing date. 17 Dated: February 8, 2013 18 19 20 21 __________________________________________ MORRISON C. ENGLAND, JR., CHIEF JUDGE UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 3

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