Lee v. Kaiser Foundation Health Plan Long Term Disability Plan

Filing 99

STIPULATION AND ORDER AS MODIFIED re 94 STIPULATION WITH PROPOSED ORDER For Continuance of Briefing Dates and the Hearing Date for the Parties' Motions filed by Kaiser Foundation Health Plan Long Term Disability Plan, Metropolita n Life Insurance Company, Set/Reset Deadlines as to 94 STIPULATION WITH PROPOSED ORDER For Continuance of Briefing Dates and the Hearing Date for the Parties' Motions, 89 MOTION for Judgment on Partial Findings , 91 MOTION for Declaratory Judgment Notice of Motion and Motion for Entry of Judgment. Responses due by 1/23/2012. Replies due by 1/30/2012. Motion Hearing set for 2/13/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware.. Signed by Judge James Ware on 1/24/12. (sis, COURT STAFF) (Filed on 1/24/2012)

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9 10 R NIA re mes Wa Judge Ja ER H 8 RT 7 SEDGWICK LLP REBECCA A. HULL Bar No. 99802 rebecca.hull@sedgwicklaw.com ERIN A. CORNELL Bar No. 227135 erin.cornell@sedgwicklaw.com 333 Bush Street, 30th Floor San Francisco, CA 94104-2834 Telephone: (415) 781-7900 Facsimile: (415) 781-2635 NO 6 FO Attorneys for Plaintiff Pamela Lee LI 5 DERED SO OR ED IT IS DIFI AS MO A 4 S DISTRICT TE C TA RT U O 3 S 2 LAW OFFICES OF LAURENCE F. PADWAY LAURENCE F. PADWAY Bar No. 89314 lp@padway.com 1516 Oak Street, Suite 109 Alameda, CA 94501 Telephone: (510) 814-0680 Facsimile: (510) 814-0650 UNIT ED 1 N F D IS T IC T O R C 11 12 13 Attorneys for Defendant Kaiser Permanente Flexible Benefits Plan, incorrectly sued as Kaiser Foundation Health Plan Long Term Disability Plan; and Real Party in Interest and Counterclaimant Metropolitan Life Insurance Company 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 PAMELA LEE, Plaintiff, 19 20 21 Case No. 3:09-cv-02176 JW v. KAISER FOUNDATION HEALTH PLAN LONG TERM DISABILITY PLAN, STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF BRIEFING DATES AND THE HEARING DATE FOR THE PARTIES’ MOTIONS 22 Defendant. 23 24 AND RELATED COUNTERCLAIM 25 26 27 28 SF/2653886v1 STIPULATION AND [PROPOSED] ORDER FOR SHORT CONTINUANCE OF BRIEFING DATES 1 IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES: 2 Currently pending before the Court are Counterclaimant Metropolitan Life Insurance 3 Company’s (“MetLife”) motion for judgment (ECF No. 89) and plaintiff’s motion for entry of 4 judgment (ECF No. 91). The parties’ respective opposition briefs are currently due January 20, 5 2012. Plaintiff’s counsel is ill and will not be able to timely file an opposition brief on behalf 6 of his client. Therefore, the parties respectfully request that the Court grant a short continuance 7 of the briefing dates. 8 The parties request that the Court continue the last day for the parties to file their 9 opposition briefs from January 20, 2012 to Monday January 23, 2012. The parties further 10 request that the Court continue the last day for the parties to file their reply briefs from January 11 27, 2012 to January 30, 2012. 12 The parties further agree and request, pursuant to the Court’s order and consistent with 13 the Court’s standing order and calendar following the transfer of this matter from the 14 Honorable Susan Illston to the Honorable James Ware, that the hearing on their respective 15 motions be continued to March 5, 2012 at 9:00 a.m., or as soon as thereafter as the matter may 16 be heard. 17 18 SO STIPULATED, AGREED, AND RESPECTFULLY SUBMITTED: DATED: January 20, 2012 LAW OFFICES OF LAURENCE F. PADWAY 19 20 By: /s/ Laurence F. Padway (as authorized on 1/20/2012) Laurence F. Padway Attorneys for Plaintiff Pamela Lee 21 22 23 DATED: January 20, 2012 SEDGWICK LLP 24 25 26 27 28 SF/2653886v1 By: /s/ Rebecca A. Hull Rebecca A. Hull Erin A. Cornell Attorneys for Defendant Kaiser Permanente Flexible Benefits Plan, incorrectly sued as Kaiser Foundation Health Plan Long Term Disability Plan; and Real Party in Interest and Counterclaimant Metropolitan Life Insurance Company 2 STIPULATION AND [PROPOSED] ORDER FOR SHORT CONTINUANCE OF BRIEFING DATES ORDER 1 2 It is so ordered. MetLife’s opposition to plaintiff’s motion for entry of judgment, and 3 plaintiff’s opposition to MetLife’s motion for judgment shall be due on January 23, 2012. 4 MetLife’s reply in support of its motion or judgment and plaintiff’s reply in support of her 5 motion for entry of judgment shall be due on January 30, 2012. The hearing on the parties’ February 13, motions is continued to March 5, 2012 at 9:00 a.m. 6 7 8 Jan. 24, 2012 DATED: __________ 9 HONORABLE JAMES WARE CHIEF DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/2653886v1 3 STIPULATION AND [PROPOSED] ORDER FOR SHORT CONTINUANCE OF BRIEFING DATES

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