McColgan v. Mutual of Omaha Insurance Company

Filing 18

STIPULATION and ORDER signed by Judge John A. Mendez on 2/4/14 re: 17 EXTENDING deadline to complete early meeting of counsel and submit a joint CMC Statement from 2/27/14 to 3/27/14. (Meuleman, A)

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J. Russell Stedman (117130)
[e-mail]
Peter J. Felsenfeld (260433)
[e-mail]
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
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
[phone]

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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were required to complete their early meeting of counsel and submit a joint CMC

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Statement within 60 days of removal, which was 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 was originally scheduled for

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January 22, 2014.

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3.

On January 9, 2014, the Parties stipulated to extend the deadline to

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complete the EMC and submit a joint CMC Statement from January 17, 2014 to February

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27, 2014, after the scheduled hearing date on the Motion to Dismiss.

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4.

On January 16, 2014, the Court issued a Minute Order stating that the

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Motion to Dismiss would be submitted without appearance and without argument

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pursuant to Local Rule 230(h). The Court has not yet ruled on the motion.

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5.

Mutual of Omaha prefers to wait for a ruling on the Motion to Dismiss

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before having the early meeting with counsel and submitting a CMC Statement since, if

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granted, this will not be necessary, and if denied, the Court’s Order may assist the Parties

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in their discussion of scheduling. Plaintiff is agreeable to the continuance.

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6.

The extension will not affect any other scheduled deadlines. The Parties

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do not currently anticipate the need for further continuances.

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-2STIPULATION AND [PROPOSED] ORDER CONTINUING EMC AND CMC STATEMENT DEADLINE
CASE NO. 2:13-CV-02417-JAM-DAD

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STIPULATION

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The Parties hereby stipulate that the deadline to complete their early meeting of

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counsel and submit a joint CMC Statement is extended from February 27, 2014 to March

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27, 2014.

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SO STIPULATED:
Dated: February 03, 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: February 03, 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
[phone]

-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 February 27, 2014 to March 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: 2/4/2014
/s/ John A. Mendez____________
The Honorable John A. Mendez
United States District Court Judge

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-4STIPULATION AND [PROPOSED] ORDER CONTINUING EMC AND CMC STATEMENT DEADLINE
CASE NO. 2:13-CV-02417-JAM-DAD