Zewdu v. Citigroup Long Term Disability Plan

Filing 53

ORDER re 52 Objection filed by Hanna Zewdu. Signed by Judge Maria-Elena James on 1/7/2010. (mejlc1, COURT STAFF) (Filed on 1/7/2010)

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Case3:08-cv-05770-MMC Document52 Filed01/06/10 Page1 of 2 2 SPRINGER-SULLIVAN & ROBERTS LLP 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 20 HANNA ZEWDU, 410 - 12th Street, Suite 325 Oakland, CA 94607 Telephone: (510) 992-6130 Facsimile: (510) 280-7564 E-mail: css@ssrlawgroup.com mlr@ssrlawgroup.com Cassie Springer-Sullivan - CA STATE BAR NO. 221506 UNIT ED 1 Michelle L. Roberts - CA STATE BAR NO. 239092 S S DISTRICT TE C TA RT U O DENIE D Ju 6 Attorneys for Plaintiff ER N UNITED STATES DISTRICT COURT D IS T IC T R OF NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO ) ) ) Plaintiff, ) vs. ) ) ) CITIGROUP LONG TERM DISABILITY) PLAN, ) ) Defendant. ) ) ) ) ____________________________________ ) Case No. C 08-05770 MMC (MEJ) PLAINTIFF'S OBJECTION TO THE LATE-FILED DECLARATION OF REBECCA R. HULL IN SUPPORT OF OPPOSITION OF CITIGROUP LONG TERM DISABILITY PLAN Date: January 14, 2010 Time: 10:00 a.m. Place: Courtroom B, 15th Floor Hon. Maria-Elena James Plaintiff objects to the filing of the Declaration of Rebecca R. Hull, Docket Entry # 51 for the 19 following reasons: 1. Defendant filed the Declaration of Rebecca R. Hull without court approval in 21 violation of Civil Local Rule 7-3(d), which states in pertinent part, "once a reply is filed, no additional 22 memoranda, papers or letters may be filed without prior Court approval." Defendant did not seek court 23 approval nor did counsel for Defendant seek any stipulation from Plaintiff's counsel before unilaterally 24 filing the declaration. 25 2. Ms. Hull's claim that Ms. Sullivan's physical location prevented her from faxing her 26 signature is disingenuous at best. The Sullivan Declaration was said to be executed in Mt. Prospect, IL. 27 Coincidentally, MetLife's office, and presumably Ms. Sullivan's workplace, is located at 1660 28 Feehanville Drive, Mt Prospect, IL 60056-6014. As Plaintiff noted in her Reply brief, Ms. Sullivan PLA IN T IFF'S OBJECTION TO DECLARATION OF REBECCA R. HULL [Case No. C 08-05770 MMC (MEJ)] A C LI FO ria-Ele dge Ma na Jame s R NIA NO RT H -1- Case3:08-cv-05770-MMC Document52 Filed01/06/10 Page2 of 2 1 provided Ms. Hull with a declaration for another ERISA case involving a different disability plan. See 2 Reply at p. 1, FN 1. That declaration was also signed in Mt Prospect, IL, a location from where Ms. 3 Sullivan was previously able to provide Defendant's counsel with her signature. In this day and age of 4 advance technological developments, it is hard to believe that Ms. Sullivan did not have access to a fax 5 machine or scanner in the same location as her workplace for a large insurance company, but yet she was 6 able to communicate her authority to file the declaration to Ms. Hull in California. 7 9 10 3. Rebecca Hull's "explanation" for the late filing does not remedy Defendant's 8 violation of the ECF General Order, which states in pertinent part, The filer shall attest that concurrence in the filing of the document has been obtained from each of the other signatories, or from the single signatory (in the case, e.g., of a declaration) which shall serve in lieu of their signature(s) on the document. 11 ECF General Order XB. Ms. Hull could have very easily filed her attestation on December 24, 2009 but 12 chose not to do so. Only after Plaintiff raised in the issue in her Reply brief did Defendant seek to obtain 13 an actual signature from Ms. Sullivan. 14 4. Ms. Hulls' claim that Ms. Sullivan's physical location prevented her from faxing the 15 signature is hearsay and lacks foundation. Because of the suspect nature of the late-produced signature, 16 Plaintiff requests that the Court order Defendant to produce all of the communications between 17 Defendant's counsel and Ms. Sullivan regarding her declaration. 18 19 21 22 Dated: January 6, 2010 23 24 25 26 27 28 PLA IN T IFF'S OBJECTION TO DECLARATION OF REBECCA R. HULL [Case No. C 08-05770 MMC (MEJ)] By: /s/Michelle L. Roberts Michelle L. Roberts Respectfully submitted, Springer-Sullivan & Roberts LLP For these reasons, Plaintiff requests that the Court sustain Plaintiff's objection and strike the 20 Declaration of Rebecca R. Hull filed on January 6, 2010 and the Declaration of Laura Sullivan. -2-

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