Proof v. Intel Corporation Long Term Disability Plan

Filing 23

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/25/2013 ORDERING that all responsive trial briefs shall now be filed on or before 10/1/2013. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 Nancy B. Pridgen (pro hac vice) MONNOLLY | PRIDGEN LLC 3340 Peachtree Road, Suite 1800 Atlanta, Georgia 30326 Telephone: 404.551.5884 Fax: 678.812.3654 Email: nancy@mplaw-llc.com Michael W. Pott, SBN 186156 PORTER | SCOTT, P.C. 350 University Ave., Suite 200 Sacramento, CA 95825 Telephone: 916.929.1481 ext. 322 Fax: 916.927.3706 Email: mpott@porterscott.com Attorneys for Defendant INTEL CORPORATION LONG TERM DISABILITY PLAN 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 SHELLEY PROOF, CASE NO. No. 2:12-CV-01716-TLN-CKD 13 Plaintiff, 14 15 TO vs. 16 STIPULATION AND ORDER MODIFY BRIEFING SCHEDULE INTEL CORPORATION LONG TERM DISABILITY PLAN, 17 18 Complaint Filed: June 28, 2012 Defendant ___________________________________/ 19 20 Plaintiff SHELLEY PROOF and Defendant INTEL CORPORATION LONG TERM 21 DISABILITY PLAN hereby respectfully and jointly request the Court modify the briefing 22 23 schedule for the responsive trial briefs for the reasons set forth below. 24 On June 12, 2013, the Court issued a minute order setting this ERISA matter for a half-day 25 bench trial on October 11, 2013 at 9:00 a.m. The minute order requires the parties to file opening 26 trial briefs on or before September 13, 2013 and responsive briefs on or before September 27, 27 28 2013. Each party filed its opening brief on September 13, 2013. 1 STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE National counsel for Defendant, Nancy B. Pridgen, has had a serious health issue1 arise 1 2 and as a result needs a short (two-day) extension to prepare and file Defendant’s responsive brief. 3 Defense Counsel contacted Plaintiff’s counsel, Peter Sessions, and proposed that the parties ask 4 the Court to extend deadline for both parties’ response briefs by two (2) business days, to October 5 6 1, 2013, so as to not disadvantage either party. Plaintiff’s counsel agreed with this proposal. 7 This stipulation does not impact the Bench Trial which remains set for October 11, 2013. 8 IT IS SO STIPULATED: 9 DATED: September 23, 2013 10 KANTOR & KANTOR, LLP By: 11 PORTER | SCOTT 350 University Ave., Suite 200 Sacramento, CA 95825 TEL: 916.929.1481 FAX: 916.927.3706 12 13 DATED: September 23, 2013 14 /s/ Peter S. Sessions Peter S. Sessions Attorneys for Plaintiff Shelley Proof MONNOLLY | PRIDGEN LLC By: 15 16 /s/ Nancy B. Pridgen Nancy B. Pridgen Attorneys for Defendant Intel Corp. LTD Plan 17 18 ORDER 19 Based on the Stipulation of the parties, due date for the filing of responsive trial briefs is 20 changed. All responsive trial briefs shall now be filed on or before October 1, 2013. 21 IT IS SO ORDERED: 22 23 Dated: September 25, 2013 24 25 Troy L. Nunley United States District Judge 26 27 28 1 Defense counsel can and will explain the nature of her serious health issue to the Court’s staff by telephone, if necessary, but is not comfortable putting specific details in a publicly-accessible document. 2 STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE

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