Operating Engineers Public and Miscellaneous Employees Health & Welfare Trust Fund v. Reliastar Life Insurance Company

Filing 23

STIPULATION AND ORDER continuing Further Case Management Conference to 3/1/2010 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 1/4/2010. (awb, COURT STAFF) (Filed on 1/4/2010)

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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

BARRY E. HINKLE, Bar No. 071223 LINDA BALDWIN JONES, Bar No. 178922 NICOLE M. PHILLIPS, Bar No. 203786 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff BRADLEY J. BETLACH (Admitted Pro Hac Vice) HALLELAND LEWIS NILAN & JOHNSON, PA 600 U.S. Bank Plaza South 220 South Sixth Street Minneapo lis, Minnesota 55402 Telephone: [phone] Facsimile: [phone] Email: [e-mail] THOMAS M. HERLIHY (SBN 83615) CATHERINE GREGORY (SBN 242006) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

OPERATING ENGINEERS PUBLIC AND ) Case No. C 09-01661 MHP MISCELLANEOUS EMPLOYEES HEALTH ) AND WELFARE TRUST FUND, ) STIPULATION TO CONTINUE ) FURTHER CASE MANAGEMENT Plaint iff, ) CONFERENCE; [PROPOSED] ) ORDER CONTINUING FURTHER vs. ) CASE MANAGEMENT ) CONFERENCE RELIAST AR LIFE INSURANCE COMPANY ) and DOES 1 through 10, ) Date: January 11, 2010 ) Time: 3:00 p.m. Defendants. ) Courtroom: 18thth Floor )

WEINBERG, ROGER & ROSENFE LD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

STIPULATION TO CONINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Case No. C 09-01661 MHP

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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

Plaint iff and Defendant hereby stipulate as follows: On July 29, 2009, the Court signed an order referring the parties to court-sponsored mediation, to be completed by October 27, 2009. An Initial Case Management Conference was held on August 13, 2009, wherein the Court ordered that the parties complete preliminary disco very in preparation for mediation by December 12, 2009. A Further Case Management Conference was set for January 11, 2010. The parties were able to complete preliminary discovery by December 12, 2009. They were, however, unable to schedule the mediation prior to January 11, 2010, due to the schedules of the parties' representatives, counsel and the mediator. The mediation is now scheduled for January 19, 2010, with private mediator Susan M. Popik. Because the parties selected private mediation, the parties respectfully request by stipulation that the Court remove the case from court-sponsored mediat ion and refer it to private mediation. The parties also respectfully request by stipulation that the Further Case Management Conference scheduled for January 11, 2010, be continued for at least 45 days to give the parties time to attempt to settle this matter. If the matter does not settle by then, the parties will be prepared to enter into a case management schedule and recommence discovery. Dated: December 22, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: s/Nicole M. Phllips NICOLE M. PHILLIPS Attorneys for Plaintiffs Dated: December 22, 2009 HALLELAND LEWIS NILAN & JOHNSON, PA By: s/Bradley J. Betlach BRADLEY J. BETLACH Attorneys for Defendant

WEINBERG, ROGER & ROSENFE LD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

STIPULATION TO CONINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Case No. C 09-01661 MHP

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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

[PROPOSED] ORDER The parties' Stipulation to Continue Further Case Management Conference is hereby adopted by the Court. The case shall be removed from court-sponsored mediation and referred to private mediation. The Further Case Management Conference on January 11, 2010, has been continued until ___________________________. March 1, 2010 at 3:00 p.m. The Court also orders the following:

ER

N

F D IS T IC T O R

WEINBERG, ROGER & ROSENFE LD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

STIPULATION TO CONINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER Case No. C 09-01661 MHP

A

C

LI

FO

HONORABLE MARILYN HALL PATEL UNITED STATES DISTRICT JUDGEl ate lyn H. P ge Mari Jud

R NIA

DERED O_OR_________________ ____________IT_IS ___ ___ __ __ S
NO

UNIT ED

S

S DISTRICT TE C TA

RT U O

RT

H