Munn v. Hertz Long-Term Disability Plan

Filing 55

STIPULATION AND ORDER TO CONTINUE BRIEFING SCHEDULE, re doc 54 filed by Faith Munn. The parties stipulate to the following schedule: 10/30/2009 - deadline for plaintiff to file its supplemental memorandum. 11/6/2009 - deadline for LINA and the Plan to file its reply memorandum. Signed by Judge Vaughn R Walker on 9/23/2009. (cgk, COURT STAFF) (Filed on 9/23/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25 26 27 28 LIFE INSURANCE COMPANY OF NORTH AMERICA, Real Party in Interest. vs. HERTZ LONG-TERM DISABILITY PLAN, LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant, FAITH MUNN, Plaintiff, CASE NO. CV08-01942 VRW STIPULATION AND (PROPOSED) ORDER TO CONTINUE BRIEFING SCHEDULE RE CONFLICT OF INTEREST DAVID J. LINDEN (SBN 041221) P.O. Box 5780 Napa, CA 94581 Tel: [phone] / Fax: [phone] LAURENCE F. PADWAY (SBN 083914) LAW OFFICES OF LAURENCE F. PADWAY 1516 Oak Street, Suite 109 Alameda, CA 94501 Tel: [phone] / Fax: [phone] Attorneys for Defendant THE HERTZ CORPORATION LONG-TERM DISABILITY PLAN and Real Party in Interest LIFE INSURANCE COMPANY OF NORTH AMERICA ADRIENNE C. PUBLICOVER (SBN 161432) CHARAN M. HIGBEE (SBN 148293) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: [phone] / Fax: [phone]

Stipulation re Briefing Schedule

1

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

Whereas, on August 17, 2009, the Court issued its order on the standard of review, and authorized plaintiff, Faith Munn, to conduct discovery relating to the structural conflict of interest which arises because the insurer is both responsible for determining eligibility for claims and paying the claims; and

Whereas, the Court directed Ms. Munn to file a memorandum relating to how any conflict of interest should inform the Court's review no later than September 11, 2009; and

Whereas, counsel for Ms. Munn was on vacation on August 17, and therefore did not review the order until August 24, and counsel for Ms. Munn propounded discovery on September 5, but the responses will not be due until October, and further, Ms. Munn has noticed depositions to take place in mid-October, plaintiff will be unable to complete the discovery necessary to submit the memorandum prior to the September 11 deadline;

Now, therefore, the parties stipulate to the following briefing schedule:

October 30, 2009 November 6, 2009

Deadline for Plaintiff to file its supplemental memorandum Deadline for LINA and the Plan to file its reply memorandum

IT IS SO STIPULATED.

Date: September 9, 2009

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Adrienne C. Publicover Charan M. Higbee Attorneys for Defendant THE HERTZ CORPORATION LONG-TERM DISABILITY PLAN and Real Party in Interest LIFE INSURANCE COMPANY OF NORTH AMERICA

Stipulation re Briefing Schedule

2

1 2

Date: September 9, 2009

LAW OFFICES OF LAURENCE F. PADWAY By: /s LAURENCE F. PADWAY Attorneys for Plaintiff FAITH MUNN

3 4 5 6

PURSUANT TO STIPULATION, IT IS SO ORDERED. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation re Briefing Schedule 3 Date: 9/23/2009 By:

UNIT ED

Honorable Vaughn R. Walker United States District Court Judge

S

S DISTRICT TE C TA

RT U O

GRAN

TED

ER

N

F D IS T IC T O R

A

C

LI

aughn R Judge V

FO

Walker

R NIA

NO

RT

H