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

Filing 114

STIPULATION and ORDER signed by William H Orrick, III on 4/30/21 ORDERING that Defendant's response is due 5/7/2021; Plaintiff's reply is due 5/14/2021; Status Conference is CONTINUED to 6/8/2021 at 02:00 PM. (Kaminski, H)

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Laurence F. Padway (SBN 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
FOURTH 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:
1.

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

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2021. [Dkt. 106]

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

LA #4832-2495-0247 v1

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

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2.

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

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continued to discuss the calculation of the pre-disability monthly earnings (PDE) to

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try to reach an agreement without Court intervention. They also discussed trying to

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reach a global settlement regarding the PDE issue and the prejudgment interest

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claim.

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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]

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4.

Following the extension on March 30, 2021, the parties continued to

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exchange offers on the PDE issue and to meet and confer on Plaintiff’s claim for

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prejudgment interest. The parties therefore requested another extension of 14-days

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to continue settlement discussions, and a 21-day extension of the hearing date due

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to Hartford’s counsel’s scheduling issues. The court granted the extension.

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Defendant’s Response/Accompanying Declaration answering the Court’s questions

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was due April 30, 2021; Plaintiff’s Reply on May 7, 2021 and the hearing would

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occur on June 1, 2021 at 2:00 p.m.

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5.

The parties have diligently continued to negotiate during the additional

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time granted by this Court and have now reached a reached a resolution on the

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PDE issue (which was the more complex issue) subject to the signing of a release,

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but need additional time to see if they can resolve the prejudgment interest dispute.

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The parties therefore respectfully request a further extension of 7-days as follows to

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try and resolve this issue as well:

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

LA #4832-2495-0247 v1

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

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Defendant’s Response/Accompanying Declaration answering the
Court’s questions continued from April 30, 2021 to May 7, 2021.

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Plaintiff’s Reply continued from May 7, 2021 to May 14, 2021.

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Hearing continued from June 1, 2021 at to June 8, 2021 at 2:00 p.m.

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IT IS SO STIPULATED.

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Dated: April 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: April 30, 2021

BURKE, WILLIAMS & SORENSEN, LLP

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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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ORDER
Good cause appearing, IT IS SO ORDERED.

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Dated: April 30, 2021

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_________________________________
Honorable William H. Orrick
United States District Judge

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

LA #4832-2495-0247 v1

-3-

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