Haddad, M.D. v. SMG Long Term Disability Plan et al

Filing 110

STIPULATION and ORDER signed by William H Orrick, III, on 3/30/2021 ORDERING that Defendant's response is due 4/16/2021; Plaintiff's reply is due 4/23/2021; Status Conference is continued to 5/11/2021 at 02:00 PM. (Zignago, K.)

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Laurence F. Padway, #89314
LAW OFFICES OF LAURENCE F. PADWAY
2911 Lincoln Avenue
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Fadi G. Haddad, M.D.
Michael B. Bernacchi (SBN 163657)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Hartford Life and Accident Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO

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FADI G. HADDAD, M.D.,
Plaintiff,

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v.

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SMG LONG TERM DISABILITY
PLAN, AND HARTFORD LIFE
AND ACCIDENT INSURANCE
COMPANY,

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Case No. 2:16-cv-01700-WHO
STIPULATION AND [PROPOSED]
ORDER TO FURTHER CONTINUE
BRIEFING AND HEARING
SCHEDULE RE BENEFIT
CALCULATIONS
Honorable William H. Orrick

Defendants.

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Plaintiff Fadi G. Haddad, M.D., and Defendant Hartford Life and Accident

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Insurance Company, through counsel, hereby stipulate and request a 14-day

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extension based on the following:

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

1.

Plaintiff filed his opening brief re benefit calculations on March 16,

2021. [Dkt. 106] Defendant Hartford’s responsive brief is due on April 2, 2021.
2.

Following the submission of Plaintiff’s opening brief, the parties have

had further discussions regarding the calculation of the pre-disability monthly
LA #4834-4913-0979 v1

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STIPULATION AND [PROPOSED] ORDER TO
FURTHER CONTINUE BRIEFING AND HEARING
SCHEDULE RE BENEFIT CALCULATIONS

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earnings (PDE) to see if they can reach an agreement without Court intervention.

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They also discussed trying to reach a global settlement regarding the pre-disability

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monthly earnings issue, the loan forgiveness issue (which the Court previously

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remanded back to the administrator) and the prejudgment interest.

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3.

The parties request a 14-day extension on the briefing to see if such an

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agreement can be worked out without further briefing and expense. Therefore, the

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parties respectfully request the following dates be continued by 14 days:

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•

Defendant’s Response/Accompanying Declaration answering the
Court’s questions continued from April 2, 2021 to April 16, 2021

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Plaintiff’s Reply continued from April 9, 2021 to April 23, 2021

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Hearing continued from April 27, 2021 to May 11, 2021 at 2 p.m.

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IT IS SO STIPULATED.

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Dated: March 30, 2021

LAW OFFICES OF LAURENCE F. PADWAY

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By: /s/ Laurence F. Padway
Laurence F. Padway
Attorneys for Plaintiff Fadi G. Haddad, M.D.

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Dated: March 30, 2021

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By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Attorneys for Defendant Hartford Life and
Accident Insurance Company

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BURKE, WILLIAMS & SORENSEN, LLP

ORDER
Good cause appearing, IT IS SO ORDERED.

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Dated:March 30, 2021

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_________________________________
Honorable William H. Orrick
United States District Judge

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

LA #4834-4913-0979 v1

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STIPULATION AND [PROPOSED] ORDER TO
FURTHER CONTINUE BRIEFING AND HEARING
SCHEDULE RE BENEFIT CALCULATIONS