McColgan v. Mutual of Omaha Insurance Company
Filing
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STIPULATION and ORDER signed by Judge John A. Mendez on 1/10/14 ORDERING that the deadline to complete the early meeting of counsel and submit a joint CMC Statement is EXTENDED from 1/17/14 2/27/2014. (Mena-Sanchez, L)
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J. Russell Stedman (117130)
rstedman@bargerwolen.com
Peter J. Felsenfeld (260433)
pfelsenfeld@bargerwolen.com
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108
Telephone: (415) 434-2800
Facsimile: (415) 434-2533
Attorneys for Defendant
MUTUAL OF OMAHA
INSURANCE COMPANY
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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SANDRA C. MCCOLGAN,
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Plaintiff,
vs.
MUTUAL OF OMAHA INSURANCE
COMPANY,
Defendants.
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CASE NO.: 2:13-CV-02417-JAM-DAD
STIPULATION AND ORDER
CONTINUING DEADLINE FOR EARLY
MEETING OF COUNSEL AND FILING
OF JOINT CMC STATEMENT
Complaint Filed: September 6, 2013
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
STIPULATION AND [PROPOSED] ORDER CONTINUING EMC AND CMC STATEMENT DEADLINE
CASE NO. 2:13-CV-02417-JAM-DAD
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Plaintiff Sandra D. McColgan (“Plaintiff”) and Defendant Mutual of Omaha
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Insurance Company (“Mutual of Omaha”) (collectively “the Parties”), through their
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counsel of record, stipulate as follows:
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RECITALS
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1. Mutual of Omaha removed this action from state court to this Court on
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November 20, 2013. Pursuant to Judge Mendez’s Initial Scheduling Order, the Parties
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must complete their early meeting of counsel (“EMC”) and submit a joint CMC
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Statement within 60 days of removal, which is January 17, 2014.
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2.
On November 26, 2013, Mutual of Omaha filed a Motion to Dismiss
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pursuant to FRCP 12(b)(6). The hearing on that motion is scheduled for January 22,
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2014.
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3.
Mutual of Omaha prefers that the Motion to Dismiss hearing to take place
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before the EMC and submission of a CMC Statement to allow for a ruling on the Motion
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since, if granted, no EMC or CMC Statement will be necessary. Plaintiff is agreeable to
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the continuance because her lead trial counsel, Dugan Barr, is about to commence a
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lengthy trial in Alameda County and thus requires an extension as well.
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4.
This is the Parties’ first request for an extension of the foregoing deadline.
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The extension will not affect any other scheduled deadlines. The Parties do not anticipate
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the need for further continuances.
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STIPULATION
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The Parties hereby stipulate that the deadline to complete their EMC and
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submit a joint CMC Statement is extended from January 17, 2014 to February 27, 2014.
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The six-week extension is necessary to accommodate the trial schedule of Plaintiff’s
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counsel.
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
-2STIPULATION AND [PROPOSED] ORDER CONTINUING EMC AND CMC STATEMENT DEADLINE
CASE NO. 2:13-CV-02417-JAM-DAD
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SO STIPULATED:
Dated: January 09, 2014
BARGER & WOLEN LLP
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By: /s/ J. Russell Stedman
J. RUSSELL STEDMAN
PETER J. FELSENFELD
Attorney for Defendant
MUTUAL OF OMAHA INSURANCE
COMPANY
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Dated: January 09, 2014
BARR & MUDFORD, LLP
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By: /s/ John Douglass Barr
JOHN DOUGLASS BARR
TROY DOUGLAS MUDFORD
DAVID LEE CASE
ESTEE LEWIS
Attorneys for Plaintiff, SANDRA
MCCOLGAN
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
-3STIPULATION AND [PROPOSED] ORDER CONTINUING EMC AND CMC STATEMENT DEADLINE
CASE NO. 2:13-CV-02417-JAM-DAD
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ORDER
The Parties, by and through their counsel of record, have stipulated that the
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deadline to complete their early meeting of counsel and submit a joint CMC Statement be
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extended from January 17, 2014 to February 27, 2014.
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Satisfactory proof having been shown and good cause appearing,
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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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DATED: 1/10/2014
/s/ John A. Mendez______
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U. S. DISTRICT COURT JUDGE
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
-4STIPULATION AND [PROPOSED] ORDER CONTINUING EMC AND CMC STATEMENT DEADLINE
CASE NO. 2:13-CV-02417-JAM-DAD
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