Mackey v. Aetna Life Insurance Company et al

Filing 21

ORDER to continue CMC and related dates re 20 Stipulation filed by Intel Corporation Long Term Disability Plan Initial Case Management Conference set for 10/9/2009 08:30 AM.. Signed by Judge Charles R. Breyer on 8/11/09. (be, COURT STAFF) (Filed on 8/12/2009)

1 Michele Ballard Miller (SBN 104198) [e-mail] 2 Katherine L. Kettler (SBN 231586) [e-mail] 3 Jennifer A. Shy (SBN 131074) [e-mail] 4 MILLER LAW GROUP A Professional Corporation 5 111 Sutter Street, Suite 700 San Francisco, CA 94104 6 Tel. [phone] Fax [phone] Attorneys for Defendant 8 INTEL CORPORATION LONG TERM DISABILITY PLAN 9 Glenn R. Kantor (SBN 122643) [e-mail] 10 Peter S. Sessions (SBN 193301) [e-mail] 11 KANTOR & KANTOR 19839 Nordhoff Street 12 Northridge, CA 91324 Tel. [phone] Fax [phone]
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

M I L L E R LAW GROUP

14 Attorneys for Plaintiff ALICIA MACKEY 15 16 17 18 19 20 21 22 v. 23 AETNA LIFE INSURANCE COMPANY; 24 INTEL TOTAL COMPENSATION AND BENEFIT PACKAGE; INTEL CORPORATION 25 LONG TERM DISABILITY PLAN, 26 27 28
1
Stipulation And [Proposed] Order To Continue Case Management Conference And Related Dates Case No.: CV 09 2288 CRB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ALICIA MACKEY, Plaintiff,

Case No.: CV 09 2288 CRB STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DATES

Complaint filed: May 22, 2009

Defendants.

1

Plaintiff ALICIA MACKEY ("Plaintiff") and Defendant INTEL CORPORATION

2 LONG TERM DISABILITY PLAN ("Defendant"), by and through their respective 3 undersigned attorneys, hereby stipulate and agree to continue the date of the Court's Initial 4 Case Management Conference and all related dates, as well as the dates of the meet and 5 confer and disclosures required by Federal Rules of Civil Procedure Rule 26, as set forth 6 below. 7 8 WHEREAS, on May 22, 2009, the Court filed its Order Setting Initial Case

9 Management Conference and ADR Deadlines; 10 11 WHEREAS, on June 22, 2009, the Court rescheduled the Initial Case

12 Management Conference in this ERISA action for September 4, 2009 at 8:30 a.m. before 13 the Honorable Charles R. Breyer (Docket Nos. 15, 15-1);
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

M I L L E R LAW GROUP

14 15 WHEREAS, the parties have not previously sought to continue or extend any

16 of the deadlines in this ERISA action related to the Initial Case Management Conference 17 and related dates, or disclosures required by Rule 26; 18 19 WHEREAS, the Court's Order Setting Case Management Conference (Docket

20 No. 15-1) provides, in pertinent part, that "[i]f the conference is inconveniently scheduled, it 21 may be rescheduled by stipulation and order to another date or time convenient to the 22 Court's calendar"; 23 24 WHEREAS, counsel for Defendant will be out of California and unavailable on

25 a previously-scheduled vacation over the next two weeks, and counsel for the parties agree 26 that it would facilitate efficient and expeditious Rule 26 disclosures, consideration of ADR 27 options, and general scheduling in this ERISA action, to modify the current deadlines 28 including the date set for the Initial Case Management Conference and related dates.
2
Stipulation And [Proposed] Order To Continue Case Management Conference And Related Dates Case No.: CV 09 2288 CRB

1 2

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and

3 Defendant, by and through their respective undersigned attorneys of record, to continue the 4 date set by the Court for the Initial Case Management Conference as well as all related 5 dates, including the dates related to the parties' meet and confer in accordance with FRCP 6 Rule 26 and the parties' consideration and selection of an ADR process, as follows: 7 8 9 10 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

September 16, 2009

Last day for parties to: · Meet and confer re initial disclosures, early settlement, ADR process selection, and discovery plan; File ADR Certification signed by Parties and Counsel; File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference.

· ·

M I L L E R LAW GROUP

14 15 16 17 18 19 20 21 October 9, 2009 8:30 a.m. September 30, 2009

Last day for parties to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Joint Case Management Conference Statement per Standing Order. Initial Case Management Conference Courtroom 8, San Francisco at 8:30 a.m. in

Good cause exists for this continuance of the existing date of the Initial Case

22 Management Conference and related deadlines, including the date of the parties' meet and 23 confer in accordance with FRCP Rule 26 and the parties' consideration and selection of an 24 ADR process Rule, as set forth above. 25 /// 26 /// 27 /// 28
3
Stipulation And [Proposed] Order To Continue Case Management Conference And Related Dates Case No.: CV 09 2288 CRB

1 2

IT IS SO STIPULATED.

3 Dated: August 7, 2009 4 5 6 7 8 Dated: August 7, 2009 9 10 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

KANTOR & KANTOR LLP

By:

/s/ Peter S. Sessions Attorneys for Plaintiff ALICIA MACKEY

MILLER LAW GROUP A Professional Corporation

By:

/s/ Katherine L. Kettler Attorneys for Defendant INTEL CORPORATION LONG TERM DISABILITY PLAN

M I L L E R LAW GROUP

14 /// 15 /// 16 /// 17 18 19 20 21 22 23 24 25 26 27 28
4
Stipulation And [Proposed] Order To Continue Case Management Conference And Related Dates Case No.: CV 09 2288 CRB

1 2 3

ORDER

Having reviewed the Stipulation executed by Plaintiff ALICIA MACKEY and

4 Defendant INTEL CORPORATION LONG TERM DISABILITY PLAN, and good cause 5 appearing, the Court hereby orders that the Initial Case Management Conference and 6 associated dates, including the deadlines for the parties' meet and confer in accordance 7 with FRCP Rule 26 and the parties' consideration and selection of an ADR process, are 8 VACATED, and are rescheduled as set forth below. 9 10 11 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

September 16, 2009

Last day for parties to: · Meet and confer re initial disclosures, early settlement, ADR process selection, and discovery plan; File ADR Certification signed by Parties and Counsel; File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference.

M I L L E R LAW GROUP

14 15 16 17 18 19 20 21 22 23 24 August 11, 2009 25 Dated: ________________________ 26 27 28 IT IS SO ORDERED. October 9, 2009 8:30 a.m. September 30, 2009

· ·

Last day for parties to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Joint Case Management Conference Statement per Standing Order. Initial Case Management Conference Courtroom 8, San Francisco at 8:30 a.m. in

C RN Stipulation And [Proposed] Order To Continue Case Management Conference And Related Dates OF Case No.: CV 09 2288 CRB DI T
S T RIC

A

5

E

LI

FO

J

arles R udge Ch

. Breyer

R NIA

_______________________________ ED The HonorableSO ORDR.R Charles E Breyer IT IS United States District Judge

UNIT ED

S

S DISTRICT TE C TA

RT U O

NO

RT

H