Winbery et al v. Americo Financial Life and Annuity Insurance Company et al

Filing 48

STIPULATION AND ORDER REFERRING CASE to Magistrate Judge. Signed by Judge ARMSTRONG on 4/20/10. (lrc, COURT STAFF) (Filed on 4/21/2010)

1 LATHAM & WATKINS LLP Ethan J. Brown (Bar No. 218814) 2 [e-mail] 3 355 South Grand Avenue 4 Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone] ALLEN MATKINS LECK GAMBLE 7 MALLORY & NATSIS LLP Alan B. Clark (Bar No. 64779) 8 [e-mail] 9 515 South Figueroa Street, 9 Floor 10 Los Angeles, CA 90071-3398 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Defendant 13 AMERICO FINANCIAL LIFE AND 14 ANNUITY INSURANCE COMPANY
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CASE NO. CV 09-0134 SBA JOINT STIPULATION AND ORDER TO REASSIGN CASE TO THE HONORABLE JOSEPH C. SPERO Hon. Saundra B. Armstrong Complaint Filed: January 12, 2009 Trial Date: February 7, 2011

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15 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JENNIFER WINBERY, ALICE M. 19 BURKE, CONSTANTINO M. 20 AGUILAR, DONNA A. HOFFART and RONALD J. HOFFART, on behalf of 21 themselves and all others similarly 22 situated, Plaintiffs, 23 VS. 24 AMERICO FINANCIAL LIFE AND 25 ANNUITY INSURANCE 26 COMPANY, EQUITA FINANCIAL AND INSURANCE SERVICES and 27 DOES 1 through 100, Defendants. 28
ATTORNEYS AT LAW LOS ANGELES

LATHAM &W A T K I N S LL LA\2084840.1

STIPULATION AND

[PROPOSED] ORDER Case No. CV 09-0134 SBA

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STIPULATION WHEREAS, on January 12, 2009, Jennifer Winbery, et al.

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3 ("Plaintiffs") filed a Class Action Complaint against Americo Financial Life and 4 Annuity Insurance Co. and Equita Financial and Insurance Services (collectively, 5 "Defendants") for (1) Fraud; (2) Unfair Business Practices; and (3) Recission and 6 Restitution in the above-captioned action; 7 8 Court; 9 WHEREAS, pursuant to Civil Local Rule 73-1(b), the parties consent to 10 the Court reassigning the case to a magistrate judge for all purposes, including entry 11 of final judgment; 12 14 California; 15 17 19 WHEREAS, the parties plan to timely submit an agreed-upon IT IS HEREBY STIPULATED AND AGREED, by and between 1. This action is hereby reassigned, for all purposes, to the 16 schedule to Magistrate Judge Spero upon reassignment; 18 Plaintiffs and Defendants through their respective counsel, as follows: 20 Honorable Joseph C. Spero, Magistrate Judge in the U.S. District Court, Northern 21 District of California; 22 23 off calendar. 24 26 /// 27 /// 28 ///
LATHAM&WATKINS,,° LA\2084840.1
ATTORNEYS AT LAW Los ANGELES

WHEREAS, trial is currently scheduled for February 7, 2011 in this

WHEREAS, the parties request reassignment to the Honorable Joseph

13 C. Spero, Magistrate Judge in the U.S. District Court, Northern District of

2.

All dates previously set in this action are ordered vacated and

The parties respectfully request that the Court enter its Order in

25 accordance herewith.

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STIPULATION AND [PROPOSED] ORDER Case No. CV 09-0134 SBA

1 /// 2 Dated: April //, 2010 3 4 5 6 7 8 9 10 11 12 Dated: April 11, 2010 13 14 15 16 17 18 19 20 Dated: April ___ , 2010 21 22 23 24 25 26 27 28 ///
LATH A M WAT K I N 5 , LA \2084840.1 2084840.1
. ATTOR N E Y S AT LAW Los ANGELES

LATHAM & WATKINS LLP Ethan J. Brown ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP Alan B. Clark By: Attorney for Defendant AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY STRASBURGER & PRICE LLP CARICO RICE TOOMEY LLP
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By:

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Attorney for Defendant EQUITA FINANCIAL AND INSURANCE SERVICES

CASPER, MEADOWS, SCHWARTZ & COOK Michael D. Meadows CORNERSTONE LAW GROUP Gordon W. Renneisen 97,\)--,4 By: J ______ Attorney for Plaintiffs JENNIFER WINBERY, ET AL.

STIPULATION AND [PROPOSED] ORDER 2 Case No. CV 09-0134 SBA

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

4 DATED: April 20, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LATH AM WATK I N SLo LA\2084840 1
. ATTORNEYS AT LAW Los ANGELES

Honorable Saundra B. Armstrong United States District Judge

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STIPULATION AND [PROPOSED] ORDER Case No. CV 09-0134 SBA