Bender v. Hartford Life Insurance Company as Administrator and Fiduciary of the Bertelsmann, Inc. et al

Filing 22

ORDER RESETTING DATES FOR JUDGMENT. Plaintiff shall file her motion for judgment no later than February 26, 2010. Defendant shall file its cross-motion and opposition no later than March 26, 2010. Plaintiff shall file her opposition and reply no later than April 9, 2010. Defendant shall file its reply no later than April 23, 2010. The hearing is continued from April 2, 2010 to May 14, 2010. Signed by Judge Maxine M. Chesney on January 14, 2010. (mmclc1, COURT STAFF) (Filed on 1/14/2010)

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Scott Kalkin 120791 ROBOOSTOFF & KALKIN A Professional Law Corporation 369 Pine Street, Suite 610 San Francisco, California 94104 [phone] Attorneys for Plaintiff

5 6 7 8 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 Plaintiff's opposition and reply 27 Defendant's Reply 28 Hearing date
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PENNY BENDER, Plaintiff, v. HARTFORD LIFE INSURANCE COMPANY as Administrator and Fiduciary of the Bertelsmann, Inc., Employee Protection Plan Number 503; THE BERTELSMANN, INC., EMPLOYEE PROTECTION PLAN NUMBER 503, CASE NO. CV 09-01163 MMC STIPULATION AND [PROPOSED] ORDER RESETTING DATES FOR MOTION FOR JUDGMENT

The parties in the above-captioned matter, through their respective attorneys of record, enter into the following stipulation and request the Court to enter an order accordingly: 1. At the case management conference on June 26, 2009, the Court ordered the

parties to follow the briefing schedule set forth below in this ERISA governed denial of longterm disability benefits case: Plaintiff to file motion for judgment Defendant to file motion for judgment and opposition to plaintiff's motion January 15, 2010 February 12, 2010 February 26, 2010 March 12, 2010 April 2, 2010

-1CASE NO. CV 09-01163 MMC STIPULATION AND [PROPOSED] ORDER RESETTING DATES FOR MOTION FOR JUDGMENT

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2.

On January 12, 2010, plaintiff's counsel Scott Kalkin called defense counsel

Dennis Rolstad in order to inform him that he would be having surgery on his right shoulder on January 21, 2010, and to request his consent to continue the briefing schedule and hearing date in order to accommodate this medical problem. The parties thereafter agreed to continue the briefing schedule and assert that good cause for the continuance exists due to plaintiff counsel's medical problem and planned surgery. 3. In light of the foregoing, the parties hereby stipulate and request that the Court

enter an order changing the briefing schedule and hearing date as set forth below. Each of the dates set by the Court are proposed to be continued for six weeks. Plaintiff to file motion for judgment Defendant to file cross-motion for judgment and opposition to plaintiff's motion Plaintiff to file opposition and reply February 26, 2010 March 26, 2010 April 9, 2010 April 23, 2010 May 14, 2010, at 9:00 a.m.

13 Defendant to file reply 14 Hearing date 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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4.

The parties further stipulate and agree that the discovery cut-off in this matter has

passed, and that discovery in this matter shall remain closed. Respectfully submitted, ROBOOSTOFF & KALKIN Dated: January 12, 2010 By: s/Scott Kalkin Scott Kalkin Attorney for Plaintiff

SEDGWICK, DETERT, MORAN & ARNOLD, LLP Dated: January 12, 2010 By: s/Dennis G. Rolstad Dennis G. Rolstad Attorneys for Defendant Hartford Life and Accident Insurance Company

-2CASE NO. CV 09-01163 MMC STIPULATION AND [PROPOSED] ORDER RESETTING DATES FOR MOTION FOR JUDGMENT

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, IT IS SO ORDERED. and the deadlines set at the June 26, 2009 Case Management Conference are hereby EXTENDED as set forth in the parties' stipulation. Dated: January 14, 2010 By: Judge of the United States District Court for the Northern District of California

-3CASE NO. CV 09-01163 MMC STIPULATION AND [PROPOSED] ORDER RESETTING DATES FOR MOTION FOR JUDGMENT