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

Filing 53

STIPULATION and ORDER signed by William H Orrick, III on 5/15/19 VACATING the briefing schedule in 51 Order and DIRECTING the parties to submit their agreement resolving the STD benefits and remanding the LTD claim by 5/17/19. (Coll, A)

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LAW OFFICES OF LAURENCE F. PADWAY
Laurence F. Padway (SBN 89314)
1516 Oak Street, Suite 109
Alameda, CA 94501
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Fadi G. Haddad, M.D.
Michael B. Bernacchi (SBN 163657)
E-mail: [e-mail]
Keiko J. Kojima (SBN 206595)
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.,

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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 TO CONTINUE
DEADLINE TO SUBMIT
AGREEMENT RE STD BENEFITS;
AND ORDER

Defendants.

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The Parties, Plaintiff Fadi G. Haddad, M.D. (“Plaintiff” or “Dr. Haddad”),

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and Defendant Hartford Life and Accident Insurance Company (“Hartford”),

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through their respective counsel, hereby stipulate and agree based on the following:

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WHEREAS, on April 3, 2019, the Parties filed their updated joint case

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management statement proposing a briefing schedule to resolve the outstanding

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STD claim. [Dkt. 50] The Court approved the briefing proposal and set the
LA #4821-7600-2966 v1

STIPULATION TO CONTINUE
DEADLINE TO SUBMIT AGREEMENT RE SDT
BENEFITS; AND [PROPOSED] ORDER

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following briefing deadlines: (1) concurrent opening briefs due by May 10, 2019;

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and (2) concurrent reply briefs due by May 17, 2019. [Dkt. 51]

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WHEREAS, the Parties have reached an agreement to resolve the

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outstanding STD claim and allow this case to be remanded back to Hartford for the

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adjudication of Dr. Haddad’s LTD claim. However, the Parties require a short

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extension of time to secure approval of the final form of the documentation.

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Accordingly, they request that the briefing schedule in Docket 51 be vacated, and

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that the Parties be ordered to file their stipulation resolving the STD case and

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remanding the LTD case on or before May 17, 2019.

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IT IS SO STIPULATED.

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Dated: May 10, 2019

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: May 10, 2019

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Burke, Williams & Sorensen, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Keiko J. Kojima
Attorneys for Defendant
Hartford Life and Accident Insurance
Company

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LA #4821-7600-2966 v1

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STIPULATION TO CONTINUE
DEADLINE TO SUBMIT AGREEMENT RE SDT
BENEFITS; AND [PROPOSED] ORDER

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Michael B. Bernacchi, attest that concurrence in the filing of this document
has been obtained from the other Signatory.

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Dated: May 10, 2019

By: /s/ Michael B. Bernacchi
Michael B. Bernacchi

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ORDER

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Pursuant to stipulation, and good cause appearing, IT IS HEREBY

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ORDERED that the briefing schedule in Docket 51 is vacated and that the Parties

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are ordered to submit their agreement resolving the STD benefits and remanding

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the LTD claim on or before May 17, 2019.

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IT IS SO ORDERED.

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Dated:May 15, 2019

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________________________________
Hon. William H. Orrick III
United States District Judge

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LA #4821-7600-2966 v1

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STIPULATION TO CONTINUE
DEADLINE TO SUBMIT AGREEMENT RE SDT
BENEFITS; AND [PROPOSED] ORDER