Mazur v. Pacific Telesis Group Comprehensive Disability Benefits Plan et al

Filing 99

ORDER GRANTING 98 Stipulation Continuing Hearing on Parties' Cross-Motions for Summary Judgment. Signed by Judge Jeffrey S. White on 11/24/08. (jjo, COURT STAFF) (Filed on 11/24/2008)

Case 3:07-cv-01904-JSW

Document 98

Filed 11/21/2008

Page 1 of 4

1 Michele Ballard Miller (SBN 104198) [e-mail] 2 Katherine L. Kettler (SBN 231586) [e-mail] 3 MILLER LAW GROUP A Professional Corporation 4 111 Sutter Street, Suite 700 San Francisco, CA 94104 5 Tel. [phone] Attorneys for Defendants PACIFIC TELESIS GROUP COMPREHENSIVE DISABILITY BENEFITS PLAN, AT&T 7 UMBRELLA BENEFIT PLAN NO. 1 8 Steven O. Teal (Bar No. 58454) [e-mail] 9 Michael S. Henderson (Bar No. 175608) [e-mail] 10 TEAL & MONTGOMERY 815 Fifth Street, Suite 200 11 Santa Rosa, CA 95404 Tel. [phone] Fax [phone] Attorneys for PLAINTIFF
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

MILLER LAW GROUP

14 15 16 17 18 PAUL MAZUR, 19 20 21 v. Plaintiff, Case No.: C 07-01904 JSW STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

22 PACIFIC TELESIS GROUP COMPREHENSIVE DISABILITY BENEFITS 23 PLAN, AT&T UMBRELLA BENEFIT PLAN NO. 1, and DOES 1 through 50, Inclusive, 24 25 26 27 28
1

Complaint filed: April 4, 2007

Defendants.

Stipulation and [Proposed] Order Continuing Hearing and Related Dates on Parties' Cross-Motions for Summary Judgment - Case No.: C 07-01904

Case 3:07-cv-01904-JSW

Document 98

Filed 11/21/2008

Page 2 of 4

1 The parties stipulate as follows: 2 3 Magistrate Judge James ordered Defendants to produce various documents in

4 response to Plaintiff's Motion to Compel Production of Documents. Defendants produced 5 over 4,000 pages of documents to Plaintiff in response to the Court's Order on October 27, 6 2008. To provide the parties additional time to resolve continuing disputes relating to 7 Magistrate Judge James' order, on the November 10, 2008, the parties stipulated to an 8 Order Continuing Briefing Schedule and Hearing On Parties' Cross-Motions For Summary 9 Judgment, which the Court signed. Since November 10, 2008, the parties have engaged in 10 good faith meet and confer efforts, most recently through an in-person meeting on 11 November 21, 2008. 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

As a result of this in-person meeting, the parties are proceeding with additional

MILLER LAW GROUP

14 document review and analysis and limited additional document production in an effort to 15 resolve these issues without seeking Court intervention. This process will require 16 meaningful time to complete. In the event that the parties are unable to resolve all of the 17 outstanding disputes informally, they will require further time to seek resolution from 18 Magistrate Judge James, to allow the Court sufficient time to rule on any remaining 19 discovery issues, and to comply with any further order of the Court. Additionally, Defense 20 Counsel Katherine Kettler will be unavailable From November 24th through December 4th 21 due to an arbitration and related commitments. Accordingly, the parties will not be able to 22 resolve these discovery issues in time to comply with the briefing schedule set by the Court 23 in its November 10, 2008 Order. The parties hereby stipulate to an order extending the 24 briefing schedule set by the Court as follows: 25 26 27 28
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Stipulation and [Proposed] Order Continuing Hearing and Related Dates on Parties' Cross-Motions for Summary Judgment - Case No.: C 07-01904

January 16, 2009

Plaintiff's last day to file/serve an Amended Cross Motion and Opposition for Summary Judgment.

Case 3:07-cv-01904-JSW

Document 98

Filed 11/21/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11

February 20, 2009

Defendants' last day to file/serve an Opposition to Plaintiff's Cross-Motion and Reply for Summary Judgment. Plaintiff's last day to file/serve a Reply Brief. Last day for the parties to file the Joint Case Management Conference Statement. 9:00 a.m. hearing on Cross-Motions for Summary Judgment. Further Case Management Conference immediately following the hearing on the parties' Cross-Motions for Summary Judgment.

March 6, 2009 ______, 2009 ______, 2009 ______, 2009

IT IS SO STIPULATED. MILLER LAW GROUP A Professional Corporation

12 Dated: November 21, 2008 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

MILLER LAW GROUP

14 15 16 17 18 Dated: November 21, 2008 19 20 21 22 23 24 25 26 27 28
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Stipulation and [Proposed] Order Continuing Hearing and Related Dates on Parties' Cross-Motions for Summary Judgment - Case No.: C 07-01904

By:

/s/ KATHERINE L. KETTLER Attorneys for Defendants AT&T Umbrella Plan No. 1 and Pacific Telesis Group Comprehensive Disability Benefits Plan

TEAL & MONTGOMERY

By:

/s/ MICHAEL S. HENDERSON Attorneys for Plaintiff Paul Mazur

Case 3:07-cv-01904-JSW

Document 98

Filed 11/21/2008

Page 4 of 4

1 2 3

[PROPOSED] ORDER

For good cause shown, the Court HEREBY ORDERS that parties' briefing

4 schedule on the parties' Cross-Motions For Summary Judgment is extended and continued 5 as follows: 6 7 8 9 10 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

January 16, 2009 February 20, 2009

Plaintiff's last day to file/serve an Amended Cross Motion and Opposition for Summary Judgment. Defendants' last day to file/serve an Opposition to Plaintiff's Cross-Motion and Reply for Summary Judgment. Plaintiff's last day to file/serve a Reply Brief. Last day for the parties to file the Joint Case Management Conference Statement. 9:00 a.m. hearing on Cross-Motions for Summary Judgment. Further Case Management Conference immediately following the hearing on the parties' Cross-Motions for Summary Judgment.

March 6, 2009 ______, April 10 2009 A______, 2009 pril 17 April 17 2009 ______,

MILLER LAW GROUP

14 15

16 IT IS SO ORDERED. November 24, 2008 17 Dated: ________________________ 18 19 20 21 22 23 24 25 26 27 28
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Stipulation and [Proposed] Order Continuing Hearing and Related Dates on Parties' Cross-Motions for Summary Judgment - Case No.: C 07-01904

______________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE