Mackey v. Aetna Life Insurance Company et al

Filing 35

ORDER to vacate deadlines re 34 Stipulation filed by Intel Corporation Long Term Disability Plan. Signed by Judge Charles R. Breyer on 6/26/2010. (be, COURT STAFF) (Filed on 6/16/2010)

1 Glenn R. Kantor, State Bar No. 122643 [e-mail] 2 Peter S. Sessions, State Bar No. 193301 [e-mail] 3 KANTOR & KANTOR LLP 19839 Nordhoff Street 4 Northridge, California 91324 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff ALICIA MACKEY 7 Michele Ballard Miller, State Bar No. 104198 8 [e-mail] Katherine L. Kettler, State Bar No. 231586 9 [e-mail] Jennifer A. Shy, State Bar No. 131074 10 [e-mail] MILLER LAW GROUP P.C. 11 111 Sutter Street, Suite 700 San Francisco, CA 94104 12 Telephone: [phone] Facsimile: [phone] 13 Attorneys for Defendant 14 INTEL CORPORATION LONG TERM DISABILITY PLAN 15 16 17 18 19 20 ALICIA MACKEY, 21 22 23 vs. Plaintiff, Case No. CV 09-2288 CRB STIPULATION TO VACATE THE EXISTING CASE DEADLINES AND [PROPOSED] ORDER VACATING CASE DEADLINES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

24 AETNA LIFE INSURANCE COMPANY; INTEL TOTAL COMPENSATION AND 25 BENEFIT PACKAGE; INTEL CORPORATION LONG TERM DISABILITY PLAN, 26 27 28
STIPULATION TO VACATE THE EXISTING CASE DEADLINES AND [PROPOSED] ORDER Case No. CV 09-2288 CRB

Defendants.

1

The parties to this action, Plaintiff Alicia Mackey and Defendant Intel Corporation

2 Long Term Disability Plan (collectively "the parties"), through their respective attorneys of 3 record, hereby stipulate and agree to the following: 4 5 1. This is an action for long term disability benefits under an employee welfare

6 benefit plan regulated by the Employee Retirement Income Security Act of 1974, 29 U.S.C. 7 §§ 1001 et seq. ("ERISA"); 8 2. The Court has granted one prior request by the parties to extend the case

9 deadlines (see Docket No. 33, "Amended Stipulation And Order Extending Case Deadlines, 10 December 31, 2009); 11 3. In the Court's December 31, 2009 Order, the Court set a hearing date for the

12 parties' Cross-Motions for Summary Judgment of July 23, 2010, with the Cross-Motions to 13 be filed by June 18, 2010; 14 4. The parties participated in an early neutral evaluation ("ENE") pursuant to the

15 Court's ADR procedures on December 14, 2009; 16 5. While this matter was not resolved at the ENE session, the parties have

17 engaged in continued good faith settlement discussions since that session, including 18 discussions up to the date of this Stipulation; 19 6. The parties require additional time to continue their efforts to resolve this

20 litigation without the need for filing Cross-Motions for Summary Judgment or further litigating 21 the merits of this case; 22 7. Accordingly, the parties request that the Court vacate the current filing and

23 hearing dates for the parties' Cross-Motions for Summary Judgment, as well as all 24 associated deadlines, including the deadlines for the filing of the parties' opposition and 25 reply briefs, and the date scheduled for the next Case Management Conference; 26 8. The parties further request that the Court give the parties two weeks' time to

27 continue their efforts to finalize an agreement to resolve this litigation, until Friday, July 2, 28
1 STIPULATION TO VACATE EXISTING CASE DEADLINES AND [PROPOSED] ORDER Case No. CV 09-2288 CRB

1 2010, by which date the parties agree that they will file a further Stipulation and Proposed 2 Order with the Court requesting a further Order of the Court, in the event such is needed, 3 with regard to any resolution of this litigation, or requesting stipulated dates for the filing of 4 Cross-Motions for Summary Judgment and associated deadlines, and for a further Case 5 Management Conference. 6 7 Good cause exists for briefly vacating the deadlines for the parties' Cross-Motions for

8 Summary Judgment, and all related deadlines, and for allowing the parties until July 2, 2010 9 to file a further Stipulation and Proposed Order with the Court. 10 11 12 13 Dated: June 14, 2010 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 STIPULATION TO VACATE EXISTING CASE DEADLINES AND [PROPOSED] ORDER Case No. CV 09-2288 CRB

IT IS SO STIPULATED:

MILLER LAW GROUP A Professional Corporation By: /S/ Katherine L. Kettler Attorneys for Defendant INTEL CORPORATION LONG TERM DISABILITY PLAN

Dated: June 14, 2010

KANTOR & KANTOR

By:

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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Dated: 15 16 17 18 19 20 21 22 23 24 25 26 27 28
4843-1848-1414, v. 1

[PROPOSED] ORDER 9. Having reviewed the Stipulation executed by Plaintiff Alicia Mackey and

Defendant Intel Corporation Long Term Disability Plan, and good cause appearing, the Court hereby orders that the July 23, 2010 hearing on the parties' Cross-Motions for Summary Judgment and associated dates, as well as the scheduled Case Management Conference are VACATED. The Court further orders that the parties shall have until July 2, 2010 to file a further Stipulation and Proposed Order with the Court requesting a further Order of the Court, in the event such is needed, with regard to any resolution of this litigation, or requesting stipulated dates for the filing of Cross-Motions for Summary Judgment and associated deadlines, and for a further Case Management Conference.

IT IS SO ORDERED. June 16 , 2010

UNIT ED

The Honorable Charles R. Breyer United States DistrictDERED Court Judge

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