Dutra v. Aetna, Inc.

Filing 7

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 3/20/18: The deadline for Aetna to respond to the Complaint is extended to May 15, 2018. (Kaminski, H)

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JORDAN S. ALTURA (SBN: 209431)
[e-mail]
ADELLE GREENFIELD (SBN: 301514)
[e-mail]
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AETNA, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEX JOHN DUTRA,

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Plaintiff,

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vs.
AETNA, INC.

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Defendant.

Case No. 2:17-cv-02681-KJM-EFB
STIPULATION TO CONTINUE
AETNA’S DEADLINE TO
RESPOND TO COMPLAINT;
[PROPOSED] ORDER
Complaint filed: December 22, 2017

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TO THE HONORABLE COURT:

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The parties hereto, Plaintiff ALEX JOHN DUTRA (“Plaintiff”) and Defendant AETNA,

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INC. (“Aetna”), hereby stipulate as follows:

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WHEREAS, Plaintiff filed his Complaint in this Court on December 22, 2017.

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WHEREAS, this action, and Plaintiff’s claim for short-term disability (“STD”) benefits

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from which it arises, are governed by the Employee Retirement Income Security Act of 1974, 88

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Stat. 829, as amended, 29 U.S.C. § 1001 et seq. (“ERISA”).

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WHEREAS, the Initial Case Management Conference in this action is currently set for
June 6, 2018, at 10:00 a.m. before U.S. Magistrate Judge Edmund F. Brennan.

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WHEREAS, Plaintiff served a copy of the Summons and Complaint on February 23,
2018.

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WHEREAS, Aetna’s deadline to file a response to Plaintiff’s Complaint is March 16,
2018.

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WHEREAS, Aetna is currently conducting an administrative review of Plaintiff’s

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separate claim for long term disability benefits (“LTD”), and expects to render its decision

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within the next 30-60 days.

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WHEREAS, the outcome of the LTD claim, whether the claim is approved or denied,
will significantly impact the claims at issue in this action.

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WHEREAS, the Parties agree it would preserve party and judicial resources to continue
the deadline for Aetna to respond to the complaint pending determination on the LTD claim.

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WHEREAS, the Parties agree to extend Aetna’s deadline to file a response to the

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Complaint until May 15, 2018, to allow Aetna to complete its review of the administrative

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appeal and render a final decision on the LTD claim.

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WHEREAS, this continuance will not impact any deadline set by the Court and will

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permit the Parties to meet and confer sufficiently in advance of the June 6, 2018 Initial Status

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Conference and timely submit their status reports.

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IT IS HEREBY STIPULATED by and between Plaintiff and Aetna that the deadline for
Aetna to respond to the Complaint is extended up to May 15, 2018.

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Dated: March ____, 2018

signature on original
ALEX JOHN DUTRA, Plaintiff in Pro Per

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Dated: March 16, 2018

GORDON REES SCULLY MANSUKHANI, LLP

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By /s/ Jordan A. Altura
Jordan A. Altura
Adelle Greenfield
Attorneys for Defendant
AETNA, INC.

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[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation to Continue Aetna’s Deadline to Respond to

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Complaint, and Good Cause appearing therefor, the Court hereby continues Aetna’s deadline to

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May 15, 2018.

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DATED: March 20, 2018.

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