Vela v. AT&T Inc. et al

Filing 58

STIPULATION AND ORDER EXTENDING CASE DEADLINES. Defendant's reply shall be filed no later than May 15, 2009. The hearing on the parties' motions for summary judgment shall be on May 29, 2009. Signed by Judge Maxine M. Chesney on April 17, 2009. (mmclc2, COURT STAFF) (Filed on 4/17/2009)

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

MILLER 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 Am. Complaint Filed: May 14, 2008 Second Am. Cmplt Filed: Oct. 10, 2008

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

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WHEREAS, on February 17, 2009, the Court ordered the filing of briefs in

2 support of the Parties' Cross-Motions for Summary Judgment in this ERISA action, including 3 an order that Plaintiff Louis J. Vela ("Plaintiff") file and serve his brief in opposition to 4 Defendant's Motion for Summary Judgment and Reply in support of Plaintiff's Motion for 5 Summary Judgment by April 17, 2009, and an order that Defendant AT&T UMBRELLA 6 BENEFIT PLAN NO. 1 (hereinafter "Defendant") file and serve its Reply brief in support of 7 Defendant's Motion for Summary Judgment by May 8, 2009; 8 9 WHEREAS, the Parties have not previously sought to continue or extend any

10 of the filing deadlines in this ERISA action related to the filing of the parties' Cross-Motions 11 for Summary Judgment; 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

WHEREAS, Defendant, through its counsel requests a one-week extension for

MILLER LAW GROUP

14 filing its Reply in Support of Motion for Summary Judgment in this ERISA action because 15 Defendant's counsel has conflicting deadlines in other cases including two depositions, and 16 Plaintiff, through his counsel agreed to this request; 17 18 WHEREAS the Parties' trust the Court would schedule a corresponding

19 extension of the scheduled May 22, 2009 hearing date on the Parties' respective Cross20 Motions for Summary Judgment; 21 22 23 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and

24 Defendant, by and through their respective undersigned attorneys of record, to continue 25 Defendant's last day to file and serve Defendant's Reply brief in support of Defendant's 26 Motion for Summary Judgment, as well as the hearing on the parties' Cross-Motions for 27 Summary Judgment, as follows: 28
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No.: CV 08 1575 MMC

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1 2 3 4 5 6 7 8 9 10 11 12 13
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 brief in support of Plaintiff's Motion for Summary Judgment. (UNCHANGED). Last day for Defendant to file and serve Reply brief in support of Defendant's Motion for Summary Judgment. Hearing on the parties' Cross-Motions for Summary Judgment.

May 15, 2009

May 29, 2009 9:00 a.m.

Good cause exists for the continuance of the existing filing deadline for Defendant's Reply brief, and the hearing on the Parties' pending Cross-Motions for Summary Judgment, as set forth above.

MILLER LAW GROUP

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

IT IS SO STIPULATED.

Dated: April 16, 2009

GOLDSTEIN, GELLMAN, MELBOSTAD, GIBSON & HARRIS

By:

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

Dated: April 16, 2009

MILLER LAW GROUP A Professional Corporation

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

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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 5 hereby orders that the May 22, 2009 hearing on the parties' Cross-Motions for Summary 6 Judgment, and date for Defendant to file its Reply brief in support of Defendant's Cross7 Motion for Summary Judgment are VACATED, and are rescheduled pursuant to the 8 schedule set forth below. 9 10 11 12 13
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 brief in support of Plaintiff's Motion for Summary Judgment. (UNCHANGED). Last day for Defendant to file and serve Defendant's Reply brief in support of Defendant's Motion for Summary Judgment. Hearing on the parties' Motions for Summary Judgment.

May 15 ___________, 2009

MILLER LAW GROUP

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. May 29 ___________, 2009 9:00 a.m.

April 17, 2009 Dated: ________________________

_______________________________ The Honorable Maxine M. Chesney United States District Judge

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

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