Mitchell v. Minnesota Life Insurance Company et al

Filing 14

ORDER to extend date of cmc re 12 Stipulation filed by Minnesota Life Insurance Company, Standard Insurance Company. Signed by Judge Charles R. Breyer on 2/01/08. (be, COURT STAFF) (Filed on 2/1/2008)

Mitchell v. Minnesota Life Insurance Company et al

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Case 3:07-cv-05722-CRB

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WARREN H. NELSON, JR. # 104744 A PROFESSIONAL CORPORATION 6161 El Cajon Boulevard, # 273 San Diego, CA 92115 Telephone: [phone] Facsimile: 619 501 7948 Email: [e-mail] Attorney for Defendants MINNESOTA LIFE INSURANCE COMPANY and STANDARD INSURANCE COMPANY MICHAEL B. HORROW # 162917 DONAHUE & HORROW LLP 222 N. Sepulveda Blvd, 20th Floor El Segundo, CA 90245 Telephone: Facsimile Email: [e-mail] Attorney for Plaintiff RANDY R. MITCHELL, D.D.S. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C 07-05722 CRB STIPULATION AND PROPOSED ORDER TO EXTEND DATE OF INITIAL CASE MANAGEMENT CONFERENCE No Hearing Set or Required.

RANDY R. MITCHELL D.D.S., Plaintiff, vs. MINNESOTA LIFE INSUURANCE COMPANY, STANDARD INSURANCE COMPANY, AND, DOES 1 through 10, inclusive, Defendants.

I.

STIPULATION

Pursuant to paragraph 4 of the Standing Order of the Hon. Charles R. Breyer, the parties, plaintiff Randy R. Mitchell, D.D.S. and defendants Minnesota Life Insurance Company and

STIP AND PROPOSED ORDER TO EXTEND DATE OF INITIAL CASE MGMT CONF ­ C 07-05722 CRB - 1

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Standard Insurance Company, jointly stipulate to and jointly request that the Court enter the Proposed Order that follows. The Proposed Order changes the date of the Initial Case Management Conference ("CMC") in this case and also adjusts the dates of filings and other activities required prior to the CMC. There is GOOD CAUSE for the requested changes: First, the CMC was originally scheduled for February 20, 2008. The parties proceeded to pay for and schedule an all-day

private mediation on February 22, 2008 in Encino, California, before mediator Jeffrey Krivis, Esq. Following reassignment of this matter from Magistrate Judge Chen, the CMC was re-scheduled from February 20 to February 22, 2008, the same day the private mediation is scheduled for. The parties have tried to change

the date of the private mediation but the various schedules of the mediator and the parties and their counsel would not permit the change. In any event, GOOD CAUSE further exists for changing the date of the CMC and associated pre-CMC filings and activities to a date following the private mediation. To the extent that the

parties can focus their entire efforts and expenditures on the upcoming mediation, settlement possibilities are maximized and the CMC and related filings and activities may be unnecessary. And, the parties have voluntarily agreed to exchange documents and information necessary to conduct the private mediation. The parties therefore stipulate and jointly request that the ----

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Court issue an Order in the form of the following Proposed Order. Dated: January 25, 2008 /s/______________________ WARREN H. NELSON, JR. A PROFESSIONAL CORPORATION 6161 El Cajon Boulevard, # 273 San Diego, CA 92115 Attorney for Defendants MINNESOTA LIFE INSURANCE COMPANY and STANDARD INSURANCE COMPANY Dated: January 25, 2008 /s/ MICHAEL B. HORROW DONAHUE & HORROW LLP 222 N. Sepulveda Blvd, 20th Floor El Segundo, CA 90245 Attorney for Plaintiff RANDY R. MITCHELL, D.D.S. II. PROPOSED ORDER

The Court, having considered the foregoing stipulation of the parties and determined that there is GOOD CAUSE, now ORDERS as follows: 1. The Initial Case Management Conference is rescheduled from February 22, 2008 to 8:30 AM on Friday, April 18, 2008, Courtroom 8, 19th Floor, U.S. District Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. 2. The Joint ADR Stipulation shall be filed, as previously required, no later than January 30, 2008. 3. The last day to file the Rule 26(f) Report, complete initial disclosures or state objection in

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the Rule 26(f) Report and file the Case Management Conference Statement (also available at http://www.cand.usscourts.gov) shall be moved form February 13, 2008 to April 4, 2008. Further, all pre-Case Management Conference dates and activities, including Initial Disclosures, the Meeting of Counsel and any other required activities or actions as specified in Rules 16 and 26 that are keyed to or triggered by the dates as changed above, shall also be deemed to have been changed to conform to the dates as changed above. 4. The parties are reminded that they shall jointly and immediately notify the Court if this matter settles on or after the private mediation of February 22, 2008. IT IS SO ORDERED on this ___ day of _________, 2008: 1st february _________________ ICT ES D C AT BREYER CHARLES R. T U. S. DISTRICT COURT JUDGE

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