Broyles v. A.U.L. Corporation Long-Term Disability Insurance Plan

Filing 45

ORDER CONTINUING HEARING AND BRIEFING. Plaintiff shall file her motion on the merits no later than October 10, 2008. The hearing on the motion is continued to November 14, 2008. Signed by Judge Maxine M. Chesney on September 16, 2008. (mmclc2, COURT STAFF) (Filed on 9/16/2008)

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Laurence F. Padway (SBN: 083914) Karen K. Wind (SBN: 124852) Law Offices of Laurence F. Padway 1516 Oak Street, Suite 109 Alameda, CA 94501 Telephone: [phone] Facsimile: [phone] David J. Linden (SBN: 041221) P. O. Box 5780 Napa, California 94581 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PATRICIA BROYLES, Plaintiff, vs. A.U.L. CORPORATION LONG-TERM DISABILITY INSURANCE PLAN, Defendant,

CASE NO. C07-05305 MMC

STIPULATION AND [proposed] ORDER CONTINUING HEARING AND BRIEFING

STANDARD INSURANCE COMPANY, Real Party at Interest.

Whereas, by prior order of the Court, plaintiff's motion on the merits of this ERISA benefits case is scheduled to be filed September 12, 2008, and the hearing thereon is scheduled for October 17, 2008; and Whereas, plaintiff requires a declaration from Dr. Glen Pfeffer in order properly to brief the motion; and

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Whereas, counsel for plaintiff advises that despite his efforts over the past months to secure that declaration, Dr. Pfeffer has not yet completed it, and Dr. Pfeffer's office has advised counsel for plaintiff that Dr. Pfeffer presently is in Brazil without the material needed to complete the declaration and will not return for the next two weeks; Whereas, the Plan contends that evidence outside the administrative record is not permissile in the Court's review of the merits of Standard's decision (the Court previously denied Plaintiff's motion for de novo review), and by signing this stipulation in no way intends to waive its arguments that a declaration by Dr. Pfeffer cannot be considered by the Court and should be stricken Now, therefore, the parties stipulate as follows: 1. The hearing on the motion for judgment on the merits be continued from October 17, 2008 to November 14, 2008 at 9:00 o'clock a.m.; and 2. The date for the filing of plaintiff's opening brief is continued from September 12, 2008 to October 10, 2008.

Dated: September 12, 2008

_ _ _ _ _ / s / _____________ Laurence F. Padway Attorney for plaintiff

_____/s/_______________ Shawn Hanson Katherine S. Ritchey Jones Day Attorney for Defendant and Real Party in Interest

ORDER Good cause appearing, It is so ordered. Dated: September 16, 2008 ____________________ Hon. Maxine Chesney United States District Judge