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

Filing 55

ORDER CONTINUING HEARING DATE ON PARTIES' CROSS-MOTIONS FOR JUDGMENT. The parties' stipulation to continue the hearing on the parties' cross-motions for judgment to July 30, 2010 is granted. Signed by Judge Maxine M. Chesney on June 28, 2010. (mmclc2, COURT STAFF) (Filed on 6/28/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/1705737v1 ROBOOSTOFF & KALKIN SCOTT KALKIN Bar No. 120791 robokalk@earthlink.net 369 Pine Street, Suite 820 San Francisco, California 94104 Telephone: (415) 732-0282 Facsimile: (415) 732-0287 JULIAN M. BAUM & ASSOCIATES JULIAN M. BAUM Bar No. 130892 JMB@JMBLawGroup.com 9 Tenaya Lane Novato, California 94947 Telephone: (415) 963-4424 Facsimile: (888) 452-3849 Attorneys for Plaintiff PENNY BENDER SEDGWICK, DETERT, MORAN & ARNOLD LLP BRUCE D. CELEBREZZE Bar No. 102181 DENNIS G. ROLSTAD Bar No. 150006 ERIN A. CORNELL Bar No. 227135 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: (415) 781-7900 Facsimile: (415) 781-2635 dennis.rolstad@sdma.com Attorneys for Defendants HARTFORD LIFE INSURANCE COMPANY; BERTELSMANN, INC. EMPLOYEE PROTECTION PLAN NUMBER 503 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, Defendants. CASE NO. C 09-01163 MMC STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE ON PARTIES' CROSS-MOTIONS FOR JUDGMENT TO JULY 30, 2010 JUDGE: Honorable Maxine M. Chesney -1CASE NO. C 09-01163 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/1705737v1 IT IS HEREBY STIPULATED AND AGREED by and between plaintiff Penny Bender ("plaintiff") and defendants Hartford Life Insurance Company and The Bertelsmann, Inc., Employee Protection Plan Number 503 (collectively "defendants"), by and through their attorneys of record herein, that the hearing on the parties' cross motions for judgment be continued from July 16, 2010 to July 30, 2010: 1. On April 27, 2010, the Court granted plaintiff's motion to re-open discovery to take the deposition of Bruce Luddy, a Hartford employee, and set a briefing schedule for the parties to file supplement briefs on their cross-motions for judgment following Mr. Luddy's deposition. The deposition took place on May 28, 2010. 2. Plaintiff was ordered to file her supplemental Opposition and Reply on or before June 11, 2010, and defendants were ordered to file their Supplemental Sur-Reply on or before June 25, 2010. 3. The hearing on the parties' cross-motions for judgment was set for July 16, 2010 at 9:00 a.m. 4. Good cause exists to continue the hearing to July 30, 2010, as counsel for defendants is unavailable on July 16, 2010. WHEREAS, the parties hereby stipulate, agree, and respectfully request that the Court continue the hearing date for the cross-motions for judgment to July 30, 2010 at 9:00 a.m. The continuance will not affect the briefing schedule, and defendants' Supplemental Sur-Reply will remain due to be filed on or before June 25, 2010. SO STIPULATED, AGREED, AND RESPECTFULLY REQUESTED: DATED: June 24, 2010 ROBOOSTOFF & KALKIN JULIAN M. BAUM & ASSOCIATES By: s/Scott Kalkin s/Julian M. Baum Scott Kalkin Julian M. Baum Attorneys for Plaintiff PENNY BENDER -2CASE NO. C 09-01163 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/1705737v1 DATED: June 24, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: s/Dennis G. Rolstad Dennis G. Rolstad Erin A. Cornell Attorneys for Defendants HARTFORD LIFE INSURANCE COMPANY; BERTELSMANN, INC. EMPLOYEE PROTECTION PLAN NUMBER 503 I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. s/Dennis G. Rolstad Dennis G. Rolstad ORDER IT IS HEREBY ORDERED that the hearing for the parties' cross-motions for judgment is continued to July 30, 2010 at 9:00 a.m. DATED: June 28, 2010 HONORABLE MAXINE M. CHESNEY -3CASE NO. C 09-01163 MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE

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