Beers v. AIG Benefit Solutions et al

Filing 17

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/3/17 ODERING: The deadline to file dispositional documents in this action hereby is extended from 1/4/2017 to 1/16/2017; The stipulation shall be deemed the parties' Joint Status Report and the parties hereby are excused from filing a separate Joint Status Report. The Status Conference is CONTINUED to 1/30/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb pending submission of the dispositional documents. (Washington, S)

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Jodi K. Swick No. 228634
Charan M. Higbee No. 148293
EDISON, McDOWELL & HETHERINGTON LLP
1 Kaiser Plaza, Suite 340
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510.628.2146
Email:
[e-mail]
[e-mail]
Attorneys for Defendants
THE UNITED STATES LIFE INSURANCE
COMPANY IN THE CITY OF NEW YORK
FOR ITSELF AND ON BEHALF OF INCORRECTLY
NAMED AIG BENEFIT SOLUTIONS
Eric Ratinoff No. 166204
Marla C. Strain No. 132142
ERIC RATINOFF LAW CORP
401 Watt Avenue
Sacramento, CA 95864
Telephone: [phone]
Facsimile
916-246-1696
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff
DELIA BEERS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELIA BEERS,
Plaintiff,

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Case 2:16-cv-02166-WBS-KJN

v.
AIG BENEFIT SOLUTIONS; THE UNITED
STATES LIFE INSURANCE COMPANY
IN THE CITY OF NEW YORK; NURSES
SERVICE ORGANIZATION; AIS
AFFINITY INSURANCE AGENCY, INC.
and DOES I through 50, inclusive,

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STIPULATION TO EXTEND DEADLINE
TO FILE DISPOSITIONAL DOCUMENTS
AND TO EXCUSE FILING OF JOINT
STATUS REPORT; AND [PROPOSED]
ORDER
Removal Filed: September 9, 2016
Status Conference: January 17, 2017
Time:
1:30 p.m.
Courtroom:
5

Defendants.
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IT IS HEREBY STIPULATED, by and between plaintiff Delia Beers and Defendants

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The United States Life Insurance Company in the City of New York for itself and on behalf of

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Case 2:16-cv-02166-WBS-KJN
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STIPULATION TO EXTEND DEADLINE TO FILE DISPOSITIONAL DOCUMENTS AND TO EXCUSE
FILING OF JOINT STATUS REPORT; AND [PROPOSED] ORDER

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incorrectly named AIG Benefit Solutions (“US Life”), through their attorneys of record, as

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follows:

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1.

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The parties have settled this action and filed a Joint Notice of Settlement on

November 23, 2016 [Doc. No. 12];
2.

Pursuant to a Minute Order entered on November 23, 2016, the Court ordered that

dispositional documents be filed in this action no later than December 14, 2016;
3.

On December 13, 2016, the parties filed a Stipulation to Extend Deadline to File

Dispositional Documents and Proposed Order [Doc. No. 14];
4.

On December 14, 2016, the Court entered an Order extending the deadline to file

dispositional documents to January 4, 2017 [Doc. No. 15];
5.

A Status Conference currently is scheduled in this case for January 17, 2017 and

the Joint Status Report currently is due on January 3, 2017;
6.

Plaintiff has executed a Confidential Settlement Agreement and Release and

returned a copy of the executed agreement to counsel for US Life;

7.

US Life currently is processing the settlement check and anticipates that the

settlement check will be delivered to counsel for plaintiff on or before January 6, 2017;
8.

After plaintiff receives the settlement check, a Stipulation To Dismiss Entire

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Action With Prejudice And Proposed Order, in the form attached hereto as Exhibit A, will be

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filed with the Court;

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9.

The parties reasonably do not expect that the settlement will be finalized or that

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they will be able to file a stipulation of dismissal with prejudice in this action on or before

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January 4, 2017;

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10.

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For this reason, the parties agree and stipulate that the deadline to file dispositional

documents in this action should be extended from January 4, 2017 to January 16, 2017;
11.

The parties also do not believe that it will be necessary to hold a status conference

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in this case, because it has settled and they anticipate filing the dispositional documents before

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January 17, 2017;

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12.

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The parties therefore further agree and stipulate that this Stipulation should be

Case 2:16-cv-02166-WBS-KJN
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STIPULATION TO EXTEND DEADLINE TO FILE DISPOSITIONAL DOCUMENTS AND TO EXCUSE
FILING OF JOINT STATUS REPORT; AND [PROPOSED] ORDER

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deemed a Joint Status Report to the Court and that they be excused from filing a separate Joint

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Status Report prior to the January 17, 2017 Status Conference; and

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13.

This stipulation is made in good faith and not for the purposes of delay or

obstruction, and is based on good cause as set forth above.

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Dated: January 3, 2017

EDISON, McDOWELL & HETHERINGTON LLP

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By:

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Attorneys for Defendants
THE UNITED STATES LIFE INSURANCE
COMPANY IN THE CITY OF NEW YORK
FOR ITSELF AND ON BEHALF OF
INCORRECTLY NAMED AIG BENEFIT
SOLUTIONS

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/s/ Jodi K. Swick (w/permission)
Jodi K. Swick

Dated: January 3, 2017

ERIC RATINOFF LAW CORP

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By:

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/s/ Marla C. Strain
Marla C. Strain

Attorneys for Plaintiff
DELIA BEERS

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ORDER

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Having read the parties’ stipulation and good cause appearing therefore, it is hereby

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ordered as follows:
1.

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The deadline to file dispositional documents in this action hereby is extended from

January 4, 2017 to January 16, 2017; and

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2.

The above stipulation shall be deemed the parties’ Joint Status Report and the

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parties hereby are excused from filing a separate Joint Status Report prior to the January 30,
///
Case 2:16-cv-02166-WBS-KJN
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STIPULATION TO EXTEND DEADLINE TO FILE DISPOSITIONAL DOCUMENTS AND TO EXCUSE
FILING OF JOINT STATUS REPORT; AND [PROPOSED] ORDER

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2017 Status Conference.
3. The Status Conference is continued to January 30, 2017 at 1:30 p.m. pending
submission of the dispositional documents.

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IT IS SO ORDERED.
Dated: January 3, 2017

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Case 2:16-cv-02166-WBS-KJN
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STIPULATION TO EXTEND DEADLINE TO FILE DISPOSITIONAL DOCUMENTS AND TO EXCUSE
FILING OF JOINT STATUS REPORT; AND [PROPOSED] ORDER