Brady et al v. Conseco, Inc. et al

Filing 57

ORDER continuing motion and cmc to 7/31/09. Signed by Judge Illston on 5/7/09. (ts, COURT STAFF) (Filed on 5/7/2009)

Case 3:08-cv-05746-SI

Document 55

Filed 05/06/2009

Page 1 of 4

1 RAOUL D. KENNEDY (STATE BAR NO. 40892) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 2 Four Embarcadero Center, Suite 3800 San Francisco, California 94111 3 Telephone: [phone] Facsimile: [phone] 4 Email: Raoul. [e-mail] m 5 JAMES R. CARROLL (ADMITTED PRO HAC VICE) DAVID S. CLANCY (ADMITTED PRO HAC VICE) 6 CALE P. KEABLE (ADMITTED PRO HAC VICE) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 7 One Beacon Street, 31st Floor Boston, Massachusetts 02108 8 Telephone: [phone] Facsimile: [phone] 9 Email: [e-mail] Email: [e-mail] 10 Email: [e-mail] m 11 Attorneys for Defendants CONSECO, INC. and CONSECO LIFE INSURANCE COMPANY 12 13 14 15 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 3:08-CV-05746-SI STIPULATION AND PROPOSED ORDER ESTABLISHING BRIEFING SCHEDULE AND CASE MANAGEMENT CONFERENCE

16 CEDRIC BRADY, DR. CHARLES HOVDEN, MARION HOVDEN, DR. 17 EUGENE KREPS, DR. JOHN McNAMARA, DR. HISAJI SAKAI, and JEAN SAKAI, 18 Individually and On Behalf Of All Others Similarly Situated, 19 Plaint iffs, 20 v. 21 CONSECO, INC. and CONSECO LIFE 22 INSURANCE COMPANY, 23 24 25 26 27 28 Defendants.

STIPULATION ESTABLISHING BRIEFING SCHEDULE AND CASE M ANAGEMENT CONFERENCE

CASE NO. : 3:08-CV-05746-SI

Case 3:08-cv-05746-SI

Document 55

Filed 05/06/2009

Page 2 of 4

1

WHEREAS on December 24, 2008, plaint iffs Cedric Brady, Dr. Charles Hovden,

2 Marion Hovden, Dr. Eugene Kreps, Dr. John McNamara, Dr. Hisaji Sakai, and Jean Sakai (the 3 "Plaint iffs") filed a Complaint against defendants Conseco, Inc. and Conseco Life Insurance 4 Company (the "Defendants," referred to collect ively with the Plaint iffs as the "Parties"), in the San 5 Francisco Divisio n of the United States District Court for the Northern District of California (the 6 "Co mplaint"). On January 9, 2009, Plaint iffs served a summo ns and Complaint on each of the 7 Defendants; 8 WHEREAS on April 23, 2009, the Plaint iffs filed with the Court an Amended

9 Complaint (Docket No. 51); 10 WHEREAS on April 24, 2009, the Parties filed with the Court a Stipulation

11 Extending Time To Answer, Move, Or Otherwise Respond To The Amended Co mplaint (Docket 12 No. 52) requesting that the date by which Defendants must answer, move, or otherwise respond to 13 the Complaint be extended to and including May 29, 2009, and the Court granted such relief by 14 Order dated April 29, 2009 (Docket No. 54); 15 WHEREAS Plaint iffs have requested and Defendants have agreed to extend the date

16 by which Plaint iffs shall be required to oppose any motion, including a motion to dismiss, brought 17 by Defendants in response to the Amended Complaint to and including June 30, 2009; 18 WHEREAS Defendants have requested and Plaint iffs have agreed to extend the date

19 by which Defendants may reply in further support of any motion, including a motion to dismiss, 20 brought by Defendants in response to the Amended Complaint to and including July 17, 2009; 21 WHEREAS the Parties have conferred and agree that the earliest date a motion,

22 including a motion to dismiss, brought by Defendants in response to the Amended Co mplaint may 23 be noticed to be heard by the Court consistent with the above schedule is July 31, 2009, or such 24 other date that the Court finds suitable; and 25 WHEREAS the Parties have conferred and agree that the interests of the Parties and

26 judicial econo my would be best served if the Case Management Conference current ly scheduled 27 for May 15, 2009 shall also be held on July 31, 2009, or such other date that the Court finds 28 suitable;
STIPULATION EST ABLISHING BRIEFING SCHEDULE AND CASE MANAGEMENT CONFERENCE CASE NO. : 3:08-CV-05746-SI

1

Case 3:08-cv-05746-SI

Document 55

Filed 05/06/2009

Page 3 of 4

1

IT IS THEREFORE STIPULATED AND AGREED, by and between the

2 undersigned, that, subject to this Court's approval, Plaint iffs shall have to and including June 30, 3 2009, within which to oppose any mot ion, including a motion to dismiss, brought by Defendants in 4 response to the Amended Complaint and Defendants' reply thereto, if any, shall be filed no later 5 than July 17, 2009. 6 7 8 9 10 11 IT IS FURTHER STIPULATED AND AGREED, by and between the undersigned, that, subject to this Court's approval, a hearing on any motion, including a motion to dismiss, brought by Defendants in response to the Amended Complaint shall be held July 31, 2009, or as soon thereafter as Defendants may be heard. IT IS FURTHER STIPULATED AND AGREED, by and between the undersigned,

12 that, subject to this Court's approval, the Case Management Conference current ly scheduled for 13 May 15, 2009 shall be held on July 31, 2009, or as soon thereafter as is convenient for the Court. 14 15 16 17 18 19 20 July 31, 2009 AT 9 A.M. 21 July 31, 2009 22 23 24 25 26 27 28
STIPULATION EST ABLISHING BRIEFING SCHEDULE AND CASE MANAGEMENT CONFERENCE CASE NO. : 3:08-CV-05746-SI

ACCORDINGLY, subject to this Court's approval, the briefing and Case Management Conference schedule shall be as fo llo ws: June 30, 2009 Last day for Plaint iffs to oppose any mot ion, including a motion to dismiss, brought by Defendants in response to the Amended Co mplaint Last day that Defendants may reply in further support of any such motion Hearing on any such motion Case Management Conference

July 17, 2009

AT 2:30 P.M.

2

Case 3:08-cv-05746-SI

Document 55

Filed 05/06/2009

Page 4 of 4

1 2 3 4 5 6 7 8 9

DATED: May 6, 2009

Millstein & Associates By: /s/ David J. Millstein David J. Millstein Attorneys for Plaint iffs

DATED: May 6, 2009

Gilbert Oshinksy LLP By: /s/ August J. Matteis, Jr. August J. Matteis, Jr. Attorneys for Plaint iffs

10 DATED: May 6, 2009 11 12 13 14 15 16 17

Skadden, Arps, Slate, Meagher & Flo m LLP By: /s/ David S. Clancy Raoul D. Kennedy James R. Carroll (Admitted Pro Hac Vice) David S. Clancy (Admitted Pro Hac Vice) Cale P. Keable (Admitted Pro Hac Vice) Attorneys for Defendants Conseco, Inc. and Conseco Life Insurance Co mpany

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, David S. Clancy, am the ECF User whose ID and password are being used to file this Stipulat ion And Proposed Order Establishing Briefing Schedule And Case Management 18 Conference. In compliance wit h General Order 45.X.B, I hereby attest that concurrence in the filing of this document has been obtained fro m each of the other signatories. I declare under 19 penalt y of perjury under the laws of the United States of America that the foregoing is true and correct. 20 Executed this 6th day of May 2009, at Boston, Massachusetts. 21 22 23 24 PURSUANT TO STIPULATION IT IS SO ORDERED, Dated: By: Hon. Susan Illston 26 25 27 28
STIPULATION EST ABLISHING BRIEFING SCHEDULE AND CASE MANAGEMENT CONFERENCE CASE NO. : 3:08-CV-05746-SI

By: /s/ David S. Clancy David S.Clancy

3