Espindola v. Standard Insurance Company et al

Filing 20

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/2/2017 ORDERING dates set forth in the Court's 11/21/2016 Order are CONTINUED as follows: Plaintiff Dedra Espindola's motion for summary judgment in this ERISA matter sh all be filed by 6/9/2017; Defendant Standard Insurance Company's opposition and cross-motion shall be filed by 6/30/2017; Plaintiff's reply and opposition shall be filed by 7/21/2017; Defendant's reply shall be filed by 8/4/2017; Hearing on the parties' cross-motions is CONTINUED from 7/25/2017 at 1:30 p.m. to 8/22/2017 at 1:30 p.m. (Becknal, R)

1 Linda M. Lawson (Bar No. 77130)
[e-mail]
2 Charles K. Chineduh (Bar No. 273258)
[e-mail]
3 MESERVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500
4 Los Angeles, California 90017-2611
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
STANDARD INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 DEDRA ESPINDOLA,

Case No. 2:16-cv-01301-JAM-CKD

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STIPULATION TO CONTINUE
DATES; ORDER THEREON

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)
)
)
Plaintiff,
)
)
vs.
)
STANDARD INSURANCE COMPANY )
and DST SYSTEMS, INC., LONG TERM )
)
DISABILITY PLAN,
)
)
Defendants.
)

Judge: Hon. John A. Mendez

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Plaintiff Dedra Espindola (“Plaintiff”) and Defendant Standard Insurance

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19 Company (“Defendant” or “Standard”), currently the only named defendant in the
20 above-entitled action,1 by and through their respective attorneys of record, enter into
21 this stipulation based on the following facts:
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On June 13, 2016, Plaintiff filed her Complaint in this lawsuit.

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On November 21, 2016, the Court issued a Minute Order (“November 21

24 Order”) (ECF Doc. No. 18), which indicated that the Court determined “this ERISA
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Defendant DST Systems, Inc., Long Term Disability Plan was dismissed
without prejudice. See Order re Stipulation to Dismiss DST Systems, Inc., Long
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Term Disability Plan, dated 08/10/16. (ECF Doc. No. 14.)
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LAW OFFICES

1

MESERVE,
MUMPER &
HUGHES LLP

156244.1

Case No. 2:16-cv-01301-JAM-CKD
STIPULATION TO CONTINUE DATES;
[PROPOSED] ORDER THEREON

1 matter should proceed on cross motions for summary judgment,” and which set forth
2 a schedule of pretrial and trial dates, including the following:
1.

Plaintiff’s motion for summary judgment: filed on or before May 12,

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2.

Standard’s opposition and cross-motion: filed on or before June 2, 2017;

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3.

Plaintiff’s reply and opposition: filed on or before June 23, 2017;

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4.

Standard’s reply: filed on or before July 7, 2017;

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5.

Hearing on cross-motions: July 25, 2017 at 1:30 p.m.

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On February 1, 2017, the parties participated in a mediation session before

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4 2017;

10 Keith M. Parker, Esq., ADR Services, Inc.
The parties are continuing to actively explore settlement possibilities, and wish

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12 to fully exhaust those possibilities prior to filing their respective cross-motions.
The parties have not previously requested the continuance of any dates set

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14 forth in the November 21 Order.
WHEREAS, for good cause, for the convenience of the Court, and to conserve

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16 both the Court’s and the parties’ time and resources while allowing the parties to
17 fully explore settlement possibilities, the parties stipulate to, and respectfully request,
18 a continuance of the following pretrial and trial dates set forth in the November 21
19 Order by 28 days, as set forth below.
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STIPULATION
The parties agree and stipulate, and respectfully request, the following 28-day

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22 continuances of dates set forth in the Court’s November 21, 2016 Order:
1.

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Plaintiff’s motion for summary judgment in this ERISA matter will be

24 filed on or before June 9, 2017;
2.

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Standard’s opposition and cross-motion will be filed on or before

26 June 30, 2017;
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3.

Plaintiff’s reply and opposition will be filed on or before July 21, 2017;

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4.

Standard’s reply will be filed on or before August 4, 2017;

LAW OFFICES

2

MESERVE,
MUMPER &
HUGHES LLP

156244.1

Case No. 2:16-cv-01301-JAM-CKD
STIPULATION TO CONTINUE DATES;
[PROPOSED] ORDER THEREON

5.

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The hearing on the parties’ cross-motions is continued to August 22,

2 2017 at 1:30 p.m.
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IT IS SO STIPULATED

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6 Dated: May 1, 2017
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KANTOR & KANTOR, LLP
Glenn R. Kantor
Alan E. Kassan
Brent Dorian Brehm

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By: /s/ Brent Dorian Brehm
Brent Dorian Brehm
Attorneys for Plaintiff
DEDRA ESPINDOLA

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13 Dated: May 1, 2017
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MESERVE, MUMPER & HUGHES LLP
Linda M. Lawson
Charles K. Chineduh

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By: /s/ Charles K. Chineduh
Charles K. Chineduh
Attorneys for Defendant
STANDARD INSURANCE
COMPANY

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Filer’s Attestation-Local Rule 131(e)

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The filing attorney attests that he has obtained concurrence regarding the filing

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22 of this document and its content from the signatories to this document.
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LAW OFFICES

3

MESERVE,
MUMPER &
HUGHES LLP

156244.1

Case No. 2:16-cv-01301-JAM-CKD
STIPULATION TO CONTINUE DATES;
[PROPOSED] ORDER THEREON

1

ORDER
Based on the parties’ Stipulation and good cause appearing, the following

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3 dates set forth in the Court’s November 21, 2016 Order are continued as follows:
1.

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Plaintiff Dedra Espindola’s motion for summary judgment in this

5 ERISA matter shall be filed on or before June 9, 2017;
2.

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Defendant Standard Insurance Company’s opposition and cross-motion

7 shall be filed on or before June 30, 2017;
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3.

Plaintiff’s reply and opposition shall be filed on or before July 21, 2017;

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4.

Defendant’s reply shall be filed on or before August 4, 2017;

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5.

Hearing on the parties’ cross-motions is continued from July 25, 2017 at

11 1:30 p.m. to August 22, 2017 at 1:30 p.m.
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IT IS SO ORDERED.

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14 Dated: May 2, 2017
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/s/ John A. Mendez____________
Hon. John A Mendez
United States District Court Judge

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LAW OFFICES

4

MESERVE,
MUMPER &
HUGHES LLP

156244.1

Case No. 2:16-cv-01301-JAM-CKD
STIPULATION TO CONTINUE DATES;
[PROPOSED] ORDER THEREON