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

Filing 38

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/27/2016 ORDERING the following briefing and hearing schedule on Plaintiff's 34 Motion to Strike Bill of Costs and is hereby ADOPTED: 1/24/2017: Last Day to File Defendants' Opposition to Motion; 1/31/2017: Last Day to File Plaintiff's Reply in Support of Motion; Hearing CONTINUED to 2/7/2017 at 1:30 p.m in Courtroom 6 (JAM) before District Judge John A. Mendez. (Jackson, T)

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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PAMELA E. COGAN (SBN 105089)
ROBERT M. FORNI, JR. (SBN 180841)
BLAKE J. RUSSUM (SBN 258031)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]; [e-mail]
[e-mail]
Attorneys for Defendants, FARMERS GROUP DISABILITY INCOME
PLAN, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
LAURENCE F. PADWAY (SBN 89314)
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone:
[phone]
Facsimile:
[phone]

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DAVID J. LINDEN (SBN 41221)
Attorney at Law
Post Office Box 5780
Napa, California 94581
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff, NARCISIO CUARESMA, JR.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NARCISIO CUARESMA, JR.,
Plaintiff,

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v.

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FARMERS GROUP DISABILITY INCOME
PLAN, an ERISA Plan, and LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON,

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Case No. 2:15-cv-02192-JAM-EFB
STIPULATION AND ORDER TO
CONTINUE HEARING AND BRIEFING
SCHEDULE RE PLAINTIFF’S MOTION
TO STRIKE BILL OF COSTS
[DOCUMENT NO. 34]

Defendants.

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WHEREAS, due to a bench trial in another matter venued before the Central District of
California on January 10, 2017, counsel for Defendants FARMERS GROUP DISABILITY
4838-0707-7950.1

STIPULATION AND [PROPOSED] ORDER RE
PLAINTIFF’S MOTION TO STRIKE BILL OF COSTS
CASE NO. 2:15-CV-02192-JAM-EFB

is unavailable to attend the hearing on Plaintiff NARCISIO CUARESMA, JR.’s Motion to Strike

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Bill of Costs (Document No. 34), currently set to be heard on January 10, 2017 at 1:30 p.m.;

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WHEREAS, pursuant to the Order of the deputy clerk for the Ninth Circuit Court of

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Appeals entered on November 23, 2016 (Docket Entry 4), the parties are actively engaged in

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discussions with a Circuit Mediator to determine whether this case is suitable for mediation, and

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A Professional Corporation
Redwood City

INCOME PLAN and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON (“Defendants”)

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Ropers Majeski Kohn & Bentley

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prefer to devote their resources to exhausting settlement discussions before further litigating

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Plaintiff’s Motion to Strike Bill of Costs;

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IT IS HEREBY STIPULATED by and between Plaintiff NARCISIO CUARESMA, JR.,

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and Defendants FARMERS GROUP DISABILITY INCOME PLAN and LIBERTY LIFE

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ASSURANCE COMPANY OF BOSTON, by and through their respective attorneys of record,

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that the following hearing and briefing schedule on Plaintiff’s Motion to Strike Bill of Costs be

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adopted by the Court:

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January 24, 2017:

Last Day to File Defendants’ Opposition to Motion

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January 31, 2017:

Last Day to File Plaintiff’s Reply in Support of Motion

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February 7, 2017:

Hearing on the Motion to Strike Bill of Costs

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All signatories to this Stipulation, and on whose behalf the filing is submitted, concur in

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the Stipulation’s content and have authorized its filing.

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Dated: December 27, 2016

LAW OFFICES OF LAURENCE F. PADWAY

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By: /s/ David J. Linden
LAURENCE F. PADWAY
DAVID J. LINDEN
Attorneys for Plaintiff,
NARCISIO CUARESMA, JR.

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4838-0707-7950.1

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STIPULATION AND [PROPOSED] ORDER RE
PLAINTIFF’S MOTION TO STRIKE BILL OF COSTS
CASE NO. 2:15-CV-02192-JAM-EFB

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Dated: December 27, 2016

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Robert M. Forni, Jr.
PAMELA E. COGAN
ROBERT M. FORNI, JR.
BLAKE J. RUSSUM
Attorneys for Defendants,
FARMERS GROUP DISABILITY
INCOME PLAN, and LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The following briefing and
hearing schedule on Plaintiff’s Motion to Strike Bill of Costs and is hereby adopted:

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January 24, 2017:

Last Day to File Defendants’ Opposition to Motion

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January 31, 2017:

Last Day to File Plaintiff’s Reply in Support of Motion

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February 7, 2017 at 1:30 p.m.:

Hearing on the Motion to Strike Bill of Costs

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Dated: 12/27/2016

/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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4838-0707-7950.1

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STIPULATION AND [PROPOSED] ORDER RE
PLAINTIFF’S MOTION TO STRIKE BILL OF COSTS
CASE NO. 2:15-CV-02192-JAM-EFB