Vela v. AT&T Inc. et al

Filing 36

STIPULATION AND ORDER EXTENDING CASE DEADLINES. Plaintiff's motion shall be filed no later than February 20, 2009. Defendant's opposition and cross-motion shall be filed no later than March 20, 2009. Plaintiff's reply to defendant&# 039;s opposition and opposition to defendant's cross-motion shall be filed no later than April 17, 2009. Defendant's reply shall be filed no later than May 8, 2009. The hearing on the motions shall be on May 22, 2009. The Case Management Conference is continued to July 17, 2009. Signed by Judge Maxine M. Chesney on February 18, 2009. (mmclc2, COURT STAFF) (Filed on 2/18/2009)

1 Lisa C. Hamasaki (SBN 197628) [e-mail] 2 Katherine L. Kettler (SBN 231586) [e-mail] 3 Jennifer A. Shy (SBN 131074) [e-mail] 4 MILLER LAW GROUP 5 A Professional Corporation 111 Sutter Street, Suite 700 6 San Francisco, CA 94104 7 Tel. [phone] Fax [phone] Attorneys for Defendant 9 AT&T UMBRELLA BENEFIT PLAN NO. 1 10 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

M I L L E R LAW GROUP

14 LOUIS J. VELA, 15 16 17 18 AT&T UMBRELLA BENEFIT PLAN NO. 1 19 20 21 22 23 24 25 26 27 28 Defendant. v. Plaintiff,

Case No.: CV 08 1575 MMC STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Complaint filed: March 21, 2008 First Amended Complaint Filed: May 14, 2008

STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No.: CV 08 1575 MMC

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WHEREAS, on July 18, 2008, the Court ordered that LOUIS J. VELA

2 ("Plaintiff") Plaintiff file and serve his Cross-Motion for Summary Judgment of the issues in 3 this ERISA action by February 20, 2009, with Defendant AT&T UMBRELLA BENEFIT PLAN 4 NO. 1's, (hereinafter "Defendant") Cross-Motion for Summary Judgment and opposition 5 brief, Plaintiff's opposition brief, and the parties' reply briefs to follow; 6 7 WHEREAS, the parties have not previously sought to continue or extend any

8 of the deadlines in this ERISA action related to the filing of the parties' Cross-Motions for 9 Summary Judgment; 10 11 WHEREAS, the parties agree that, due the voluminous record in this ERISA

12 action, and to facilitate efficient and expeditious scheduling of the multiple briefs for the 13 Court and parties, the current filing deadline should be modified to provide sufficient time for
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

M I L L E R LAW GROUP

14 the parties to prepare their respective Cross-Motions for Summary Judgment, opposition 15 and reply briefs. 16 17 18 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and

19 Defendant, by and through their respective undersigned attorneys of record, to continue the 20 date set by the Court for hearing on the parties' Cross-Motions for Summary Judgment as 21 well as all associated deadlines, including the applicable deadlines for the filing of the 22 parties' opposition and reply briefs, and the date scheduled for the next Case Management 23 Conference to be set by the Court: 24 25 26 27 28 March 20, 2009 February 20, 2009 Last day for Plaintiff to file and serve CrossMotion for Summary Judgment. Last day for Defendant to file and serve CrossMotion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment. 1

STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No.: CV 08 1575 MMC

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A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

April 17, 2009

Last day for Plaintiff to file and serve Opposition to Defendant's Motion for Summary Judgment, and reply in support of Plaintiff's Cross-Motion for Summary Judgment. Last day for Defendant to file and serve reply in support of Defendant's Cross-Motion for Summary Judgment. Hearing on the parties' Motions for Summary Judgment. Case Management Conference.

May 8, 2009

May 22, 2009 10:30 a.m. _____________, 2009 10:30 a.m.

Good cause exists for this continuance of the existing deadline for filing the parties' Motions for Summary Judgment, and all associated deadlines, as set forth above. IT IS SO STIPULATED.

M I L L E R LAW GROUP

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16 Dated: February ___, 2009 17 18 19 20 21 22 Dated: February ___, 2009 23 24 25 26 27 28

GOLDSTEIN, GELLMAN, MELBOSTAD, GIBSON & HARRIS

By:

/S/ Lee S. Harris Attorneys for Plaintiff LOUIS J. VELA

MILLER LAW GROUP A Professional Corporation

By: /S/ Katherine L. Kettler Attorneys for Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1

STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No.: CV 08 1575 MMC

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1 2 3

ORDER

Having reviewed the Stipulation executed by Plaintiff LOUIS J. VELA and

4 Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1, and good cause appearing, the Court February 20, 2009 deadline for plaintiff to file a dispositive motion 5 hereby orders that the July 18, 2008 hearing on the parties' Cross-Motions for Summary 6 Judgment and associated dates, as well as the scheduled Case Management Conference, are continued 7 are VACATED, and are rescheduled pursuant to the schedule set forth below. 8 9 10 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

February 20 ___________, 2009

Last day for Plaintiff to file and serve CrossMotion for Summary Judgment. Last day for Defendant to file and serve CrossMotion for Summary Judgment and opposition to Plaintiff's Cross-Motion for Summary Judgment. Last day for Plaintiff to file and serve opposition to Defendant's Cross-Motion for Summary Judgment, and reply in support of Plaintiff's Cross-Motion for Summary Judgment. Last day for Defendant to file and serve reply in support of Defendant's Cross-Motion for Summary Judgment. Hearing on the parties' Motions for Summary Judgment. Case Management Conference.

March 20 ___________, 2009

M I L L E R LAW GROUP

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April 17 ___________, 2009

May 8 ___________, 2009

May 22 ___________, 2009 10:30 a.m. 9:00 a.m.

July 17 ___________, 2009 10:30 a.m.

IT IS SO ORDERED. _______________________________ The Honorable Maxine M. Chesney United States District Judge

February 18, 2009 26 Dated: ________________________
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STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No.: CV 08 1575 MMC

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