Franco v. H&R Block Long Term Disability Insurance Plan

Filing 19

ORDER continuing motion and cmc to 4/10/09 and 5/15/09, respectively (ts, COURT STAFF) (Filed on 11/25/2008)

Case 3:08-cv-00150-SI

Document 18

Filed 11/21/2008

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RIMAC MARTIN, P.C. JOSEPH M. RIMAC - State Bar No. 72381 ANNA M. MARTIN - State Bar No. 154279 1051 Divisadero Street San Francisco, California 94115 Telephone [phone] Facsimile [phone] Attorneys for Defendant H & R BLOCK LONG TERM DISABILITY INSURANCE PLAN FRICKER & MELLEN & ASSOCIATES TIMOTHY J. FRICKER - State Bar No. 183309 JAMES G. MELLEN - State Bar No. 122035 Tribune Tower 409 13th Street, 17th Floor Oakland, CA 94612 Telephone [phone] Facsimile [phone] Attorneys for Plaintiff SANDRA L. FRANCO

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

E -F IL IN G

SANDRA FRANCO,

) ) Plaintiff, ) ) vs. ) ) H & R BLOCK LONG TERM DISABILITY ) INSURANCE PLAN, ) ) Defendant. ) ______________________________________ )

CASE NO. CV 08-00150 SI STIPULATION TO CONTINUE COURT DEADLINES AND MEDIATION DEADLINE; [PROPOSED] ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto through their attorneys of record that the deadline for conducting a mediation in this matter be continued from December 15, 2008, to January 31, 2009. The parties further stipulate and respectfully request that all other court deadlines be continued by 45 days. ///

-1S T IP U L A T I O N AND ORDER CONTINUING COURT DEADLINES C A S E NO. CV 08-00150 SI

Case 3:08-cv-00150-SI

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Filed 11/21/2008

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Good cause exists therefor, as the appointed mediator, David Holsberry, has only one week available on his calendar between now and year's end, the week of December 8, 2008. Unfortunately, defendant's counsel will be out of the country in London at that time. As such, the parties have set a mutually-convenient date based upon Mr. Holsberry's availability, for January 23, 2009. The parties request that the other court deadlines be extended for 45 days in light of the requested continuation of the mediation deadline. Pursuant to local rules, this document is being electronically filed through the Court's ECF System. In this regard, counsel for defendant hereby attests that (1) the content of this document is acceptable to all persons required to sign the document; (2) plaintiff's counsel has concurred with the filing of this document; and (3) a record supporting this concurrence is available for inspection or production if so ordered. SO STIPULATED. RIMAC MARTIN, P.C

DATED: November 21, 2008

By:

/S/ AN N A M. MA R TIN ANNA M. MARTIN Attorneys for Defendant H & R BLOCK LONG TERM DISABILITY INSURANCE PLAN

FRICKER & MELLEN & ASSOCIATES

DATED: November 21, 2008

By:

/S/ TIM O TH Y J. FR IC K ER TIMOTHY J. FRICKER Attorneys for Plaintiff SANDRA L. FRANCO ORDER

The parties having so stipulated, IT IS HEREBY ORDERED that the mediation deadline in this matter be and hereby is continued up to and including January 31, 2009. /// ///

-2S T IP U L A T I O N AND ORDER CONTINUING COURT DEADLINES C A S E NO. CV 08-00150 SI

Case 3:08-cv-00150-SI

Document 18

Filed 11/21/2008

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IT IS FURTHER ORDERED that all deadlines set in this matter be extended by fortyfive (45) days, as follows: The due date for motions for summary judgment, heretofore due 1/16/09, is continued to March 2, 2009. The due date for oppositions to motions for summary judgment, heretofore due 1/30/09, is continued to March 16, 2009. The due date for replies in support of motions for summary judgment, heretofore due 2/06/09, is continued to March 23, 2009. The hearing on cross-motions for summary judgment, heretofore set for 2/20/09, is continued to April 10, 2009, at 9:00 a.m. The due date for the Joint Case Management Conference Statement, heretofore due 3/13/09, is continued to April 27, 2009. The Further Case Management Conference, heretofore set for 3/20/09, is continued to May 8, 2009, at 2:30 p.m. 15 SO ORDERED.

DATED: _______________________

_______________________________________ UNITED STATES DISTRICT COURT JUDGE

-3S T IP U L A T I O N AND ORDER CONTINUING COURT DEADLINES C A S E NO. CV 08-00150 SI