Lipelt v. Unum Life Insurance Company

Filing 18

STIPULATION and ORDER signed by William H Orrick, III on 6/30/2017 EXTENDING Briefing Schedule for Motion on Standard for Review and Cross-Motions for Summary Judgment. (Donati, J)

1 Anna Martin (Bar No. 154279)
[e-mail]

2 Grant Ingram (Bar No. 242785)
[e-mail]

3 MESERVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500

4 Los Angeles, California 90017-2611
Telephone: [phone]

5 Facsimile: [phone]
6 Attorneys for Defendant
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Unum Life Insurance Company of America

8 Julia Campins (Bar No. 238023)
[e-mail]

9 Hillary Benham-Baker (Bar No. 265109)
[e-mail]

10 CAMPINS BENHAM-BAKER
935 Moraga Road, Suite 200

11 Lafayette, California 94549
Telephone: [phone]

12 Facsimile: [phone]
13 Attorneys for Plaintiff
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GERALD LIPELT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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18 GERALD LIPELT
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Plaintiff,

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vs.

21 UNUM LIFE INSURANCE COMPANY OF
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AMERICA,

Defendant.

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Case No. 2:16-cv-02433-WHO
STIPULATION TO EXTEND BRIEFING
SCHEDULE FOR MOTION FOR
STANDARD OF REVIEW AND CROSS
MOTIONS FOR SUMMARY
JUDGMENT; AND ORDER

Pursuant to Local Rule 144, Plaintiff Gerald Lipelt (“Plaintiff”) and Defendant Unum Life

25 Insurance Company of America (“Defendant”) hereby stipulate, by and through their respective
26 counsel, extensions to the briefing schedule on Standard of Review and the briefing schedule for
27 Cross Motions for Summary Judgment.
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LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

0.0

Case No. 2:16-cv-02433-WHO
Stipulation to Extend Briefing Schedule and Order

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1.

On February 14, 2017, the Court ordered the parties a briefing schedule for Motion

2 on Standard of Review and Cross Motions for Summary Judgment as follows:
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Motion on Standard for Review
Motion to be filed: July 14, 2017
Opposition to be filed: July 28, 2017
Reply to be filed: August 5, 2017
Hearing: August 23, 2017
Cross Motions for Summary Judgment:
Motion to be filed: September 7, 2017
Cross Motion/Opposition to be filed: September 21, 2017
Opposition to Cross Motion/Reply: November 3, 2017
Reply to Cross-Motion: November 10, 2017
Hearing on Motions: November 29, 2017

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2.

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To allow the parties to attempt to resolve the matter through mediation through the

12 VDRP program, and the earliest possible mediation date, given the schedules of all the parties,
13 including the mediator, is August 17, 2017.
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3.

The parties respectfully request an extension on the dates to the current briefing

15 schedule as follows:
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Motion on Standard for Review
Motion to be filed: September 1, 2017
Opposition to be filed: September 15, 2017
Reply to be filed: September 22, 2017
Hearing: October 4, 2017

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Cross Motions for Summary Judgment:
Motion to be filed: January 8, 2018
Cross Motion/Opposition to be filed: January 22, 2018
Opposition to Cross Motion/Reply: January 29, 2018
Reply to Cross-Motion: February 5, 2018
Hearing on Motions: February 19, 2018

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4.

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The extension on the Standard of Review issue is necessary to allow the parties to

26 complete the mediation. The extension on the cross motions for summary judgment is necessary
27 due to the existing trial schedules and vacation schedules of counsel.
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5.

MESERVE,
MUMPER &
HUGHES LLP

This is the first extension of the briefing schedule that the parties have sought.

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LAW OFFICES

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Case No. 2:16-cv-02433-WHO
Stipulation to Extend Briefing Scheduled; and
Order

6.

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This requested time modifications will have no other effect on the schedule for this

2 case.
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This document is being electronically filed through the Court’s ECF System. In this regard,
counsel for Defendant hereby attests that (1) the content of this document is acceptable to all
persons required to sign the document (2) Plaintiff has concurred with the filing of this document;
and (3) a record supporting this concurrence is available for inspection or production if so ordered.

8 Dated: June 27, 2017

MESERVE, MUMPER & HUGHES, LLP

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By: /s/ Anna M. Martin
ANNA M. MARTIN
Attorneys for Defendant
UNUM LIFE INSURANCE COMPANY OF
AMERICA

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13 Dated: June 27, 2017

CAMPINS BENHAM-BAKER

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By: /s/ Hillary Benham-Baker
HILLARY BENHAM-BAKER
Attorneys for Plaintiff
GERALD LIPELT

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Filer’s Attestation-Local Rule 131(e)
The filing attorney attests that he has obtained concurrence regarding the filing of this

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20 document and its content from the signatories to this document.
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IT IS SO ORDERED:

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25 Dated: June 30, 2017
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____________________________________
Hon. William H. Orrick
United States District Court Judge

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LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

0.0

Case No. 2:16-cv-02433-WHO
Stipulation to Extend Briefing Scheduled; and
Order