Fowler v. Aetna Life Insurance Company et al

Filing 129

ORDER DENYING REQUEST FOR CONTINUANCE OF PRETRIAL AND TRIAL DATES. Signed by Judge Alsup on November 18, 2009. (whalc1, COURT STAFF) (Filed on 11/18/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH F0WLER, Plaintiff, v. AETNA LIFE INSURANCE COMPANY; THE PARSONS BRINCKERHOFF GROUP ADMINISTRATION INC. SHORT TERM DISABILITY PLAN; THE PARSONS BRINCKERHOFF GROUP ADMINISTRATION, INC. LONG TERM DISABILITY PLAN; and DOES 1 through 20, Defendants. / No. C 08-03463 WHA ORDER DENYING REQUEST FOR CONTINUANCE OF PRETRIAL AND TRIAL DATES The Court has received and considered the joint notice of settlement and request for continuance filed by the parties. The representations made therein, however, are not sufficient under Paragraph 28 of the Guidelines for Trial and Final Pretrial Conference in Civil Bench Cases to continue the pretrial conference and trial date, because all that has occurred is a settlement in principle. Once a written settlement agreement has been signed by all parties to the agreement, the Court will consider a motion for continuance if all that remains is a ministerial act. Until and unless that occurs, all parties must be prepared to proceed with the final pretrial 1 2 3 4 5 6 7 8 9 10 conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or entry of default judgment. IT IS SO ORDERED. Dated: November 18, 2009. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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