Do v. Metropolitan Life Insurance Company et al

Filing 24

ORDER EXTENDING THE ADR DEADLINE. The parties are directed to participate in mediation with the assistance of a mediator from the Court Appointed Panel on or before December 18, 2009. Signed by Judge Maxine M. Chesney on November 3, 2009. (mmclc2, COURT STAFF) (Filed on 11/3/2009)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP REBECCA A. HULL Bar No. 99802 RYAN L. HARRISON Bar No. 230584 [e-mail] [e-mail] One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Metropolitan Life Insurance Company and TriNet Group, Inc. and its Subsidiaries Welfare Plan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THUYTIEN DO, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY; TRINET GROUP, INC. AND ITS SUBSIDIARIES WELFARE PLAN, Defendants.

CASE NO. CV 09-1505 MMC STIPULATION AND [PROPOSED] ORDER EXTENDING THE ADR DEADLINE

Plaintiff Thuytien Do ("plaintiff') and defendants Metropolitan Life Insurance Company ("MetLife"), TriNet Group, Inc. and its Subsidiaries Welfare Plan ("Plan"), by and through their respective counsel of record, hereby submit this stipulation and proposed order to extend the time for completion of ADR procedures to and including December 18, 2009. Good cause exists for the requested extension. The parties were scheduled for a mediation with Robert Schwartz, Esq., through the Court's ADR program, which had been to take place on October 23, 2009. Counsel for MetLife and the Plan, however, learned after the mediation date was scheduled that a hearing had been set in another matter, which conflicts with the scheduled mediation date, and which requires the personal attendance of the lead attorney for
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defendants in this matter.1 As such, the mediation date must be reset, but it is not possible for it to be set in the near future. Moreover, the parties have been engaged in meaningful settlement discussions and believe resolution may be possible within the next 60 days even without the assistance of the assigned mediator. The parties are hopeful that the matter will be resolved within the proposed extended deadline, given that they are currently in discussions for possible resolution even without the assistance of the assigned mediator. Should that prove not to be a fruitful exercise, however, the parties will undertake to mediate the matter within the proposed extended deadline. IT IS SO STIPULATED. DATED: October 22, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP By:/s/ Rebecca A. Hull Rebecca A. Hull Ryan L. Harrison Attorneys for Defendants METROPOLITAN LIFE INSURANCE COMPANY; GMAC MORTGAGE GROUP LONG TERM DISABILITY PLAN DATED: October 22, 2009 KANTOR & KANTOR, LLP By: /s/ Alan E. Kassan (as authorized 10/22/09) Alan E. Kassan Attorneys for Plaintiff THUYTIEN DO ORDER Pursuant to the Stipulation above, and good cause appearing therefor, the parties are ordered and directed to participate in mediation with the assistance of a mediator from the Court Appointed Panel, on or before December 18, 2009. IT IS SO ORDERED. Dated: November 3, 2009 __________________________________________ UNITED STATES DISTRICT COURT JUDGE

Although a more junior attorney also is counsel of record for defendants, he relocated to defense counsel's Austin, Texas, office a few weeks ago and is not available to attend the mediation.
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