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

Filing 55

STIPULATION and ORDER signed by William H Orrick, III on 5/20/2019 ORDERING that the Parties shall file their agreement resolving the STD benefits and remanding the LTD claim on or before 5/22/2019. (Washington, S)

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1 2 3 4 5 6 7 8 9 10 LAW OFFICES OF LAURENCE F. PADWAY Laurence F. Padway (SBN 89314) 1516 Oak Street, Suite 109 Alameda, CA 94501 Tel: 510.814.6100 Fax: 510.814.0650 Attorneys for Plaintiff Fadi G. Haddad, M.D. Michael B. Bernacchi (SBN 163657) E-mail: mbernacchi@bwslaw.com Keiko J. Kojima (SBN 206595) E-mail: kkojima@bwslaw.com BURKE, WILLIAMS & SORENSEN, LLP 444 South Flower Street, Suite 2400 Los Angeles, CA 90071-2953 Tel: 213.236.0600 Fax: 213.236.2700 Attorneys for Defendant Hartford Life and Accident Insurance Company 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO 14 15 FADI G. HADDAD, M.D., 16 Plaintiff, 17 v. 18 SMG LONG TERM DISABILITY PLAN, AND HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, 19 20 Case No. 2:16-cv-01700-WHO SECOND STIPULATION TO CONTINUE DEADLINE TO SUBMIT AGREEMENT RE STD BENEFITS; AND [PROPOSED] ORDER Defendants. 21 22 23 The Parties, Plaintiff Fadi G. Haddad, M.D. (“Plaintiff” or “Dr. Haddad”), 24 and Defendant Hartford Life and Accident Insurance Company (“Hartford”), 25 through their respective counsel, hereby stipulate and agree based on the following: 26 WHEREAS, on April 3, 2019, the Parties filed their updated joint case 27 management statement proposing a briefing schedule to resolve the outstanding 28 STD claim. [Dkt. 50] The Court approved the briefing proposal and set the LA #4849-0201-0007 v1 SECOND STIPULATION TO CONTINUE DEADLINE TO SUBMIT AGREEMENT RE SDT BENEFITS; AND [PROPOSED] ORDER 1 following briefing deadlines: (1) concurrent opening briefs due by May 10, 2019; 2 and (2) concurrent reply briefs due by May 17, 2019. [Dkt. 51] 3 WHEREAS, the Parties have reached an agreement to resolve the 4 outstanding STD claim and allow this case to be remanded back to Hartford for the 5 adjudication of Dr. Haddad’s LTD claim. The Parties requested that the briefing 6 schedule in Docket 51 be vacated, which the Court granted and ordered the Parties 7 to file their stipulation on or before May 17, 2019. [Dkt. 52, 53] However, the 8 Parties actually intended to request more time, but due to a scrivener’s error, put in 9 the wrong date. 10 11 12 WHEREAS, the Parties request an additional extension to file a stipulation regarding the resolution of the STD case up to and including May 22, 2019. IT IS SO STIPULATED. 13 14 Dated: May 17, 2019 Law Offices of Laurence F. Padway 15 By: /s/ Laurence F. Padway Laurence F. Padway Attorneys for Plaintiff Fadi G. Haddad, M.D. 16 17 18 19 Dated: May 17, 2019 20 Burke, Williams & Sorensen, LLP By: /s/ Michael B. Bernacchi Michael B. Bernacchi Keiko J. Kojima Attorneys for Defendant Hartford Life and Accident Insurance Company 21 22 23 24 25 26 27 28 LA #4849-0201-0007 v1 -2- SECOND STIPULATION TO CONTINUE DEADLINE TO SUBMIT AGREEMENT RE SDT BENEFITS; AND [PROPOSED] ORDER 1 2 3 4 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. 5 6 Dated: May 17, 2019 7 By: /s/ Michael B. Bernacchi Michael B. Bernacchi 8 9 10 (PROPOSED) ORDER 11 Pursuant to stipulation, and good cause appearing, IT IS HEREBY 12 ORDERED that the Parties shall file their agreement resolving the STD benefits 13 and remanding the LTD claim on or before May 22, 2019. 14 IT IS SO ORDERED. 15 16 Dated: May 20, 2019 17 ________________________________ Hon. William H. Orrick III United States District Judge 18 19 20 21 22 23 24 25 26 27 28 LA #4849-0201-0007 v1 -3- SECOND STIPULATION TO CONTINUE DEADLINE TO SUBMIT AGREEMENT RE SDT BENEFITS; AND [PROPOSED] ORDER

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