Matteson v. Continental Casualty Company

Filing 39

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/29/2009. (bzsec, COURT STAFF) (Filed on 10/29/2009)

1 BRENT R. AUSTIN (California Bar No. 141938) austin(£wildman. com

2 LISA S. SIMMONS (Ilinois Bar No. 6192809), admitted pro hac vzce
simmons(£wildman. com

3 WILDMAN, HAROLD, ALLEN & DIXON LLP
225 West Wacker Drive
4 Chicago, Ilinois 60606

Telephone: [phone]
5 Facsimile: [phone]

6 SEAN M. SULLIVAN (California Bar No. 229104) sullivan(£wildman. com

7 WILDMAN, HAROLD, ALLEN & DIXON LLP
9665 Wilshire Blvd, Suite 200
8 Beverly Hills, California 90212 Telephone: [phone]

9 Facsimile: [phone]

10 Attorneys for Continental Casualty Co.
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
CASE NO. 3:09-CV-0617-BZ

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15 ELIZABETH H. MATTESON

16 Plaintiff,

17 vs.
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STIPULATION AN (PROPOSED) ORDER SHORTENING TIME TO NOTICE MOTIONS FOR SUMARY mDGMENT AN SETTING A FURTHER BRIEFING

18 CONTINNT AL CASUALTY COMPANY,
Defendant.

SCHEDULE FOR SUMARY ruGMENT
MOTIONS

Hon. Bernard Zimmerman
Trial Date: February 1, 2010

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22 Defendant, Continental Casualty Company and plaintiff, Elizabeth H. Matteson, by and
23 through their respective counsel of record, hereby stipulate to the following:

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matter;

Whereas, by Order dated July 21,2009, the Court set certain pre-trial and trial dates in this

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STIPULATION AND gROPOSED) ORDER SHORTENING TIME T NOTICE MOTIONS FOR SUMARY JUDGMENT Case No. 3:09-CV-0617-BZ

1 Whereas, by Order dated August 26,2009, the Court, pursuant to the parties' stipulation,

2 set new pre-trial dates, but did not change the February 1, 2010 trial date or the January 12, 2010
3 Pre- Trial date;

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Whereas, on October 26, 2009, the parties fied a stipulation to continue the last date by
which dispositive motions must be fied to December 23, 2009, or in the alternative to continue all

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David
7 dates by 21 days, primarily due to defendant's inability to complete the deposition of

8 Matteson;

9 Whereas, on October 27, 2009, the Court ordered that the last date to hear dispositive
10 motions be continued to December 16, 2009, rather than December 23, 2009;
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Whereas, pursuant to Local Rule 7-2 and 7-3, in order for the parties to notice their
respective motions to be heard on December 16, briefing for the parties' summary judgment
motions would be as follows:

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Motion(s) for Summary Judgment
due:
Opposition(s) due:

November 11, 2009
November 25,2009

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Reply(ies) due:

December 2, 2009;

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Whereas, the parties both have conflicts arising from the new date set for hearing
dispositive motions and respectfully request additional time to complete briefing of

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their

22 respective motions for summary judgment. The parties' respective conflicts are as follows:

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. Mr. Matteson's further deposition is currently set for November 9, 2009, just two

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days prior to when motions for summary judgment motion are due; and
. counsel for plaintiff has a previously scheduled trial, a mediation and travel plans

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between November 11,2009 and November 25,2009 that will preclude plaintiff

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STIPULATION AND gROPOSED) ORDER SHORTENING TIME T NOTICE MOTIONS FOR SUMARY JUDGMENT Case No3:09-CY-0617-BZ

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from having the time and opportunity to properly respond to defendant's motion for
summary judgment under the current schedule.

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Now, therefore the parties hereby stipulate and agree, subject to the Court's approval, that the Court enter an order shortening the time for the parties to notice their respective motions for
summary judgment and enter an order setting the following briefing schedule for all motions for

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7 summary judgment:

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Motion(s) for Summary Judgment:
Opposition(s):

November 13, 2009
December 2, 2009
December 9, 2009.

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Reply(ies):

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The December 16, 2009 date set by the Court as the last date by which dispositive motions

may be heard would not be changed. No other dates already set by the Court's prior Orders would
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16 Concurrence in the fiing of this stipulation has been obtained from plaintiff s counsel,
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Corinne Chandler.

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Dated: October 28, 2009

WILDMAN, HAROLD, ALLEN & DIXON
LLP

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By: Isl Sean M. Sullivan
Sean M. Sullivan

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Attorney for Defendant CONTINNTAL
CASUAL TY COMPANY

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STIPULATION AND gROPOSED) ORDER SHORTENING TIME T NOTICE MOTIONS FOR SUMARY JUDGMENT Case No3:09-CY-0617-BZ

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Dated: October 28, 2009

KANTOR & KANTOR LLP

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By: Isl Corinne Chandler
Corinne Chandler
Attorney for Plaintiff

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ELIZABETH H.

MATTESON

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STIPULATION AND gROPOSED) ORDER SHORTENING TIME T NOTICE MOTIONS FOR SUMARY JUDGMENT Case No3:09-CY-0617-BZ

1 ORDER
2 The Court having reviewed the stipulation between Plaintiff and Defendant shortening

3 time to notice motions for summary judgment and setting a further briefing schedule for summary
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judgment motions:

IT IS HEREBY ORDERED that the Stipulation is approved and the following briefing
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7 schedule is set for all motions for summary judgment:
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Motion(s) for Summary Judgment:
Opposition(s):

November 13, 2009
December 2, 2009
December 9, 2009.

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Reply(ies):

The December 16, 2009 date set by the Court as the last date by which dispositive motions

No other dates already set by the Court's prior Orders are hereby

October 29, 2009
Hon. Bernard Zimmerman United States District Court Magistrate Judge

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STIPULATION AND gROPOSED) ORDER SHORTENING TIME T NOTICE MOTIONS FOR SUMARY JUDGMENT Case No3:09-CY-0617-BZ