Carleton v. 504 Gap, Inc. Disability Plans et al

Filing 29

ORDER GRANTING AS MODIFIED 28 Stipulation Re Briefing Schedule on Dispositive Cross-Motions. Signed by Judge Jeffrey S. White on 10/27/08. (jjo, COURT STAFF) (Filed on 10/27/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JULIAN M. BAUM (CA State Bar No. 130892) BAUM & WEEMS 9 Tenaya Lane Novato, California 94947 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff David Carleton TAD A. DEVLIN, ESQ. GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID CARLETON, an individual, Plaintiff, v. 504 GAP, INC. DISABILITY PLANS and THE GAP, INC., in its capacity as Plan Administrator, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. CV 07-5924 (JSW) STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE ON DISPOSITIVE CROSS-MOTIONS

Stipulation and Proposed Order re Briefing

Page 1 of 4

Case No. CV 07-05924 (JSW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1.

This case is an action for disability insurance benefits and related relief

under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq. ("ERISA"). 2. The Court has scheduled a further Case Management Conference for

January 9, 2009, and directed that the parties to meet and confer regarding a briefing schedule for dispositive cross-motions to be heard on or before the Case Management Conference on January 9, 2009. At the previous Conference, the Court gave the parties a briefing schedule subject to the parties' meet and confer discussions and application to the Court. 3. The parties believe that further settlement discussions may resolve the

case in the next two weeks. Accordingly, the parties respectfully request and propose the following briefing schedule for the dispositive cross-motions to the Court:

November 7, 2008: November 21, 2008 December 5, 2008 December 19, 2008
January 23 January 9, 2009

Plaintiff to file motion for summary judgment Defendants to file Opposition and cross-motion for summary judgment Plaintiff to file Reply/Response to cross motion Defendants to file Reply in support of cross-motion

Hearing / Further Case Management Conference

JULIAN M. BAUM BAUM & WEEMS /s/ Julian M. Baum by__________ ______________ JULIAN M. BAUM Attorneys for Plaintiff TAD A. DEVLIN GORDON & REES LLP by___/s/ Tad A. Devlin ___________ TAD A. DEVLIN Attorneys for Defendants

Stipulation and Proposed Order re Briefing

Page 2 of 4

Case No. CV 07-05924 (JSW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and Proposed Order re Briefing

ORDER The parties having stipulated as set forth above, IT IS SO ORDERED. AS MODIFIED

DATED: October 27 2008 __,

___________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

Page 3 of 4

Case No. CV 07-05924 (JSW)