Espindola v. Standard Insurance Company et al

Filing 27

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/19/2017 ORDERING that the hearing on the parties' cross-motions for summary judgment is CONTINUED to 9/19/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mend ez. The page limitations set forth in the Court's Order Re Filing Requirements apply to the parties' memoranda of points and authorities: Plaintiff's opening brief: 25 pages maximum; Defendant's opposition and cross-motion: 35 pages maximum; Plaintiff's reply and opposition: 20 pages maximum; Defendant's Reply: 10 pages maximum. This order does not limit either party from seeking permission from the Court to exceed the stated page limitations. (Zignago, K.)

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Glenn R. Kantor (SBN: 122643)
E-mail: [e-mail]
Alan E. Kassan (S'BN: 113864)
E-mail: [e-mail]
Brent Dorian Brenm (SBN: 248983)
E-mail: [e-mail]
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
Facsimile: [phone]

FILED
JUN 19 2017

Attorneys for Plaintiff, DEDRA ESPINDOLA

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Linda M. Lawson (Bar No. 77130)
[e-mail]
Charles K. Chineduh (Bar No. 273258)
[e-mail]
Allison Vana (Bar No. 228282)
[e-mail]
MES:E:RVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500
Los Angeles, California 90017-2611
Telephone: [phone]
Facsimile: [phone]
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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DEDRA ESPINDOLA,
Plaintiff,

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

CASE NO. 2:16-cv-01301-JAM-CKD

STIPULATION AND rP~EDl
ORDERl TO CONTINUE HEARING
ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT IN ERISA
MATTER AND REQUEST FOR
CLARIFICATION RE PAGE LIMITS
ON ERISA CROSS-MOTIONS
Current Date:
August 29, 2017
Proposed New Date: September 19,2017

Judge:

Hon. John A. Mendez

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT AND REQUEST FOR CLARIFICATION RE PAGE LIMITS

Plaintiff Dedra Espindola ("Plaintiff') and Defendant Standard Insurance
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Company ("Defendant" or "Standard") (collectively, the "Parties"), currently the

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only named defendant in the above-entitled action, by and through their respective

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attorneys of record, hereby stipulate as follows:

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WHEREAS, Plaintiff filed her motion for summary judgment in this ERISA
matter on June 9, 2017;
WHEREAS, Standard's opposition and cross-motion will be filed on or
before June 30, 2017;
WHEREAS, Plaintiffs reply and opposition will be filed on or before July
21, 2017;

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

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WHEREAS, the hearing on the Parties' cross-motions was previously set for
August 22, 2017 at 1:30 p.m. (See Order dated 05/02/17, ECF Doc. No. 20). The
Court has reset the hearing for August 29, 2017. (See Minute Order dated 06/12/17,
ECF Doc. No. 24);
WHEREAS, a conflict has now arisen with the new hearing date of August

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29, 2017. Plaintiffs counsel, Brent Dorian Brehm, indicated to counsel for Standard

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that he has jury duty that week; has already moved his jury service once before and

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will not able to move it again; and that since he will not know if he needs to report

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until the night before the current hearing date, it is uncertain whether or not he will

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be able to attend the hearing.

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WHEREAS, Counsel for the Parties conferred regarding alternative dates
they are available;

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NOW, THEREFORE, the Parties respectfully request this Court for a

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continuance of the hearing on the Parties' cross-motions in this ERISA matter, from

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August 29, 2017 to September 19, 2017, with the other dates set by the Court for the

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filing of the Parties' respective briefs and Standard's lodging of the administrative

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record remaining unchanged.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT AND REQUEST FOR CLARIFICATION RE PAGE LIMITS

ADDITIONALLY, the Parties, cognizant of the Court's statement regarding
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compliance with page limits in its Order Re Filing Requirements [Docket 5-2], met

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and conferred regarding the page limits applicable to the cross-motions for summary

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judgment Ordered by the Court herein. It is the Parties' understanding that because

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the Court ordered the Parties to file cross motions for summary judgment in this

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ERISA matter (see Order dated 11121116, ECF Doc. No. 18), the page limits noted

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in the Court's earlier Order re Filing Requirements specific to cross-motions for

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summary judgment apply to their respective memoranda of points and authorities

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1.e.:

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...

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Plaintiffs opening brief: 25 pages maximum
Defendant's opposition and cross-motion: 35 pages maximum

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Plaintiffs reply and opposition: 20 pages maximum

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Defendant's Reply: 10 pages maximum

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(See ECF Doc. No. 5-2 at p. 2:16-23 [Order dated 06113116].)

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In light of the Court's November 21, 20 16 order that "this ERISA matter

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should proceed on cross motions for summary judgment" (ECF Doc. No. 18), the

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Parties respectfully seek clarification from the Court that the foregoing page

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limitations, noted in the Court's June 13, 2016 Order, apply, rather than page

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limitations noted in the Court's November 21, 2016 Order, which the Parties did not

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understand to apply to cross-motions with a total of four briefs ordered.

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stipulation is not intended to limit either party from seeking permission from the

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Court to exceed the stated page limitations. (See 06113116 Order at 2:25-26: "The

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parties must obtain permission from the Court to exceed the stated page

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limitations.")

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Ill

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Ill

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Ill

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Ill

This

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT AND REQUEST FOR CLARIFICATION RE PAGE LIMITS

ITIS SO STIPULATED
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Dated: June 16, 2017

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

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KANTOR & KANTOR, LLP

Dated: June 16, 2017

MESERVE, MUMPER & HUGHES LLP

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By: Is/ Allison Vana
Allison Vana
Attorneys for Defendant .
STANDARD INSURANCE
COMPANY

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Filer's Attestation-Local Rule 131(e)
The filing attorney attests that she has obtained concurrence regarding the
filing of this document and its content from the signatories to this document.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT AND REQUEST FOR CLARIFICATION RE PAGE LIMITS

ORDER

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Based on the Parties' Stipulation and good cause appearing, the hearing on

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the Parties' cross-motions for summary judgment in this ERISA matter is continued

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to September 19,2017 at 1:30 p.m.

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The page limitations set forth in the Court's Order Re Filing Requirements

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[Docket No. 5-2, at p. 2:16-23] apply to the Parties' memoranda of points and

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authorities:

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Plaintiff's opening brief: 25 pages maximum

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Defendant's opposition and cross-motion: 35 pages maximum

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Plaintiff's reply and opposition: 20 pages maximum

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Defendant's Reply: 10 pages maximum

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This Order does not limit either party from seeking permission from the Court to
exceed the stated page limitations.

IT IS SO ORDERED.
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Dated:

G . . (C( , 2017
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ited States Distr ct Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON CROSS-MOTIONS
FOR SUMMARY JUDGMENT AND REQUEST FOR CLARIFICATION RE PAGE LIMITS