Bommarito v. The Northwestern Mutual Life Insurance Company

Filing 50

STIPULATION and ORDER 49 signed by Senior Judge William B. Shubb on 5/18/2018 extending time for defendant's reply to the motion for partial summary judgment to 6/18/2018. (Kirksey Smith, K)

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Rebecca Grey (State Bar No. 194940)
[e-mail]
THE GREY LAW FIRM, P.C.
177 Post Street, Suite 750
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff and Counterdefendant
DEVRA BOMMARITO
Sean P. Nalty (State Bar No. 121253)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaimant
THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEVRA BOMMARITO, an individual,

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Plaintiff and Counterdefendant,
v.
THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY and MARK
MAJEWSKI,
Defendant and Counterclaimant.

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Case No. 2:15-cv-01187-WBS-DB
JOINT STIPULATION AND REQUEST
TO CHANGE THE DATE TO FILE THE
REPLY BRIEF RE: DEFENDANT’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT AND THE APPLICATION
OF ERISA; [PROPOSED] ORDER
Complaint Filed: June 1, 2015
Current Trial Date: July 17, 2018
Judge: Hon. William B. Shubb

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JOINT STIPULATION AND REQUEST TO CHANGE THE DATE TO FILE
THE REPLY BRIEF RE: DEFENDANT’S MOTION FOR PARTIAL
SUMMARY JUDGMENT AND THE APPLICATION OF ERISA

Case No. 2:15-cv-01187-WBS-DB

Plaintiff and Counterdefendant DEVRA BOMMARITO (“Plaintiff”) and Defendant and

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Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

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(“Defendant”), through their undersigned counsel hereby request that the Court modify the briefing

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schedule for Defendant’s motion for partial summary judgement and the application of ERISA to this

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matter as follows:

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Defendant’s motion for the application of ERISA to this matter and for partial summary

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judgment (“the Motion”) was filed on February 26, 2018. Pursuant to the stipulation of the parties and

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approval of the Court, a briefing schedule was establish under which Plaintiff’s opposition to the

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Motion must be filed by May 29, 2018, Defendant’s reply to the oppositon must filed by June 11,

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2018, and the hearing date on the Motion is July 9, 2018.

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Counsel for defendant must attend a court mandated settlement conference in Florida on June

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2, 2018 which was set after the Parties entered into the stipulation discussed above. Counsel for

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defendant also has a significant brief due in another matter on June 5, 2018. Finally, the associate

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attorney who worked on this matter, Shivani Nanda, left Ogletree Deakins several months ago and no

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replacement has been hired as yet. Based on these factors, the Parties through their counsel of record

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hereby stipulate that the date for filing the rely to Plaintiff’s opposition to the Motion can be extended

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from June 11, 2018 to June 18, 2018. The Parties respectully request that the Court approve this

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extension.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated:

May 16, 2018

THE GREY LAW FIRM, P.C.
By:

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/s/ Rebecca Grey
Rebecca Grey
Attorney for Plaintiff and Counterdefendant
DEVRA BOMMARITO

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-2JOINT STIPULATION AND REQUEST TO CHANGE THE DATE TO FILE
THE REPLY BRIEF RE: DEFENDANT’S MOTON FOR PARTIAL SUMMARY
JUDGMENT AND THE APPICATION OF ERISA

Case No. 2:15-cv-01187-WBS-DB

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Dated:

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

May 16, 2018

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By:

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/s/ Sean P. Nalty
Sean P. Nalty
Attorneys for Defendant and Counterclaimant
THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY

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SIGNATURE ATTESTATION

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I attest that I have obtained concurrence in the filing of this document from the other signatories.

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Dated:

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

May 16, 2018

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By:

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/s/ Sean P. Nalty
Sean P. Nalty
Attorneys for Defendant and Counterclaimant
THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY

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Pursuant to the stipulation of the parties, the date for Defendant to file its reply to Plaintiff’s

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opposition to Defendant’s motion for partial summary judgment and the application of ERISA is

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extended from June 11, 2018 to June 18, 2018.

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IT IS SO ORDERED.
Dated: May 18, 2018

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-3JOINT STIPULATION AND REQUEST TO CHANGE THE DATE TO FILE
THE REPLY BRIEF RE: DEFENDANT’S MOTON FOR PARTIAL SUMMARY
JUDGMENT AND THE APPICATION OF ERISA

Case No. 2:15-cv-01187-WBS-DB