Cuaresma, Jr. v. Farmers Group Disability Income Plan, an ERISA Plan et al

Filing 14

STIPULATION AND ORDER signed by District Judge John A. Mendez on 8/5/2016 ORDERING the defendants to file their Motion for Summary Judgment by 7/19/2016; ORDERING the plaintiff to file an opposition to the 12 Motion for Summary Judgment by 8/9/2016; ORDERING that any reply be filed by 8/23/2016; CONFIRMING the hearing on 12 Motion for Summary Judgment SET for 9/6/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Michel, G.)

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1 2 3 4 5 6 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 8 9 10 PAMELA E. COGAN (SBN 105089) ROBERT M. FORNI, JR. (SBN 180841) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: pamela.cogan@rmkb.com; robert.forni@rmkb.com Attorneys for Defendants FARMERS GROUP DISABILITY INCOME PLAN, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON LAURENCE F. PADWAY, #89314 LAW OFFICES OF LAURENCE F. PADWAY 1516 Oak Street, Suite 109 Alameda, California 94501 Telephone: (510)814-6100 Facsimile : (510)814-0650 11 12 Attorneys for Plaintiff NARCISIO CUARESMA, JR. 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 17 NARCISIO CUARESMA, JR., Plaintiff, 18 19 20 21 v. FARMERS GROUP DISABILITY INCOME PLAN, an ERISA Plan, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Case No. 2:15-CV-02192-JAM-EFB STIPULATION AND ORDER RE BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Complaint served: October 27, 2015 Defendants. 22 23 24 IT IS HEREBY STIPULATED by and between plaintiff NARCISIO CUARESMA, JR., 25 and defendants FARMERS GROUP DISABILITY INCOME PLAN, and LIBERTY LIFE 26 ASSURANCE COMPANY OF BOSTON (“Defendants”), by and through their respective 27 attorneys of record, that the following briefing and hearing schedule for Defendants’ Motion for 28 4821-3641-5540.1 STIPULATION RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT CASE NO. 2:P15-CV-02191 1 Summary Judgment on Their Sixth Affirmative Defense for Failure to Exhaust Administrative 2 Remedies be adopted: 3 July 19, 2016: 4 5 motion for summary judgment August 9, 2016: 6 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 10 Plaintiff’s last day to file his opposition to Defendants’ motion for summary judgment August 23, 2016: 8 9 Defendants’ last day to file their moving papers in support of their Defendants’ last day to file their reply papers in support of their motion for summary judgment September 6, 2016: Hearing on Defendants’ motion for summary judgment All signatories to this Stipulation, and on whose behalf the filing is submitted, concur in 11 the Stipulation’s content and have authorized its filing. 12 Dated: July 13, 2016 LAW OFFICES OF LAURENCE F. PADWAY 13 14 By: /s/ Laurence F. Padway LAURENCE F. PADWAY Attorneys for Plaintiff, NARCISIO CUARESMA, JR. 15 16 17 Dated: July 13, 2016 ROPERS, MAJESKI, KOHN & BENTLEY 18 19 By:/s/ Robert M. Forni, Jr. PAMELA E. COGAN ROBERT M. FORNI, JR. Attorneys for Defendants, FARMERS GROUP DISABILITY INCOME PLAN, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON 20 21 22 23 24 ORDER 25 PURSUANT TO STIPULATION, the following briefing and hearing schedule on 26 27 Defendants’ Motion for Summary Judgment is hereby adopted: 28 4821-3641-5540.1 -2- STIPULATION RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT CASE NO. 2:P15-CV-02191 1 July 19, 2016: 2 3 motion for summary judgment August 9, 2016: 4 5 Defendants’ last day to file their moving papers in support of their Plaintiff's last day to file his opposition to Defendants’ motion for summary judgment August 23, 2016: 6 Defendants’ last day to file their reply papers in support of their motion for summary judgment A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 September 6, 2016 at 1:30 p.m.: 8 judgment 9 10 Hearing on Defendants’ motion for summary IT IS SO ORDERED. Dated: 8/5/2016 /s/ John A. Mendez_____________ 11 Hon. John A. Mendez United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4821-3641-5540.1 -3- STIPULATION RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT CASE NO. 2:P15-CV-02191

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