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

Filing 112

STIPULATION and ORDER signed by William H Orrick, III on 4/12/21 ORDERING that Defendant's response is due 4/30/21; Plaintiff's reply is due 5/7/21; Status Conference is CONTINUED to 6/1/21 at 02:00 PM.. (Kastilahn, A)

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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
THIRD STIPULATION AND
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 I LLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

1.

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

2021. [Dkt. 106]
2.

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

had further discussions regarding the calculation of the pre-disability monthly
LA #4816-1178-0069 v1

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THIRD 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.

On March 30, 2021, the parties requested and received a 14-day

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extension on the briefing to see if such an agreement can be worked out without

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further briefing and expense. [Dkt. 109, 110] Defendant Hartford’s Response and

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accompanying Declaration is due April 16, 2021. Plaintiff’s Reply is due April 23,

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2021. The hearing is set for May 11, 2021 at 2 p.m.

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4.

The parties have exchanged offers on the Pre-disability Earnings

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(PDE) issue and, if that resolves, will focus on Plaintiff’s claim for prejudgment

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interest. In addition, the attorney for Hartford has/had several filings this week and

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last week making it difficult for him to interact with the ERISA Plan’s attorney who

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has recently left his position. Thus, Hartford needs more time to obtain a

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declaration from the Plan if the case does not settle as suggested in the Court’s

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previous minute order. The parties require a further extension of 14 days to see if

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the matter can be resolved and a 21-day extension of the hearing date due to

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scheduling issues.

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

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Defendant’s Response/Accompanying Declaration answering the
Court’s questions continued from April 16, 2021 to April 30, 2021.

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

Plaintiff’s Reply continued from April 23, 2021 to May 7, 2021.

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

Hearing continued from May 11, 2021 to June 1, 2021 at 2 p.m.

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IT IS SO STIPULATED.

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Dated: April 12, 2021

LAW OFFICES OF LAURENCE F. PADWAY

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By: /s/ Laurence F. Padway
[As authorized on April 12, 2021]
Laurence F. Padway
Attorneys for Plaintiff Fadi G. Haddad, M.D.

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B URKE , W I LLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4816-1178-0069 v1

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

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Dated: April 12, 2021

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BURKE, WILLIAMS & SORENSEN, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Attorneys for Defendant Hartford Life and
Accident Insurance Company

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ORDER

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Good cause appearing, IT IS SO ORDERED.

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Dated: April 12, 2021

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_________________________________
Honorable William H. Orrick
United States District Judge

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B URKE , W I LLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4816-1178-0069 v1

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