Mackey v. Aetna Life Insurance Company et al

Filing 37

ORDER to set schedule re 36 Stipulation filed by Alicia Mackey, Set/Reset Deadlines as to 36 Stipulation. Responses due by 1/28/2011. Replies due by 2/4/2011. Motion Hearing set for 2/18/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco. Case Management Conference set for 2/18/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco. Cross Motions due by 1/14/2011.. Signed by Judge Charles R. Breyer on 7/72010. (be, COURT STAFF) (Filed on 7/8/2010)

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 FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT; [PROPOSED] ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

24 AETNA LIFE INSURANCE COMPANY; INTEL TOTAL COMPENSATION AND BENEFIT 25 PACKAGE; INTEL CORPORATION LONG TERM DISABILITY PLAN, 26 27 28
FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT Case No. CV 09-2288 CRB

Defendants.

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The parties to this action, through their respective attorneys of record, hereby stipulate and

2 agree to the following: 3 4 1. This is an action for long term disability benefits under an employee welfare benefit

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

8 Docket No. 33, "Amended Stipulation And Order Extending Case Deadlines," December 31, 2009); 9 3. In the Court's December 31, 2009 order, the Court set a hearing date for the parties'

10 cross-motions for summary judgment of July 23, 2010, with motions to be filed by June 18, 2010; 11 4. The parties participated in an early neutral evaluation ("ENE") pursuant to the Court's

12 ADR procedures on December 14, 2009; 13 5. While this matter was not resolved at the ENE session, the parties have conducted

14 further settlement discussions since that session; 15 6. On June 16, 2010, pursuant to the parties' further stipulation (See Docket No. 35

16 "Stipulation to Vacate Existing Case Deadlines and Order Vacating Case Deadlines"), the Court 17 vacated the schedule for briefing and hearing the parties' cross-motions for summary judgment, and 18 ordered the parties to file a stipulation by July 2, 2010 updating the Court as to the parties' intentions 19 regarding the progress of this action; 20 7. The parties continue to aggressively participate in settlement discussions and are

21 pursuing various alternative dispute resolution options; 22 8. The parties have not yet resolved the procedural details of how these options would

23 proceed, or under what conditions; 24 9. If the matter is not resolved pursuant to those discussions, the parties need sufficient

25 time to resolve anticipated discovery disputes and prepare their respective Cross-Motions for 26 Summary Judgment, opposition and reply briefs; 27 Therefore, the parties agree that, in order to accomplish these goals, the Court should further continue 28 the date set for hearing on the parties' Cross-Motions for Summary Judgment, as well as all
FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT Case No. CV 09-2288 CRB

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1 associated deadlines, including the deadlines for the filing of the parties' opposition and reply briefs, 2 and the date scheduled for the next Case Management Conference to be set by the Court, as follows: 3 4 5 6 7 8 9 10 11 12 13 14 Good cause exists for this scheduling of the hearing on the parties' cross-motions for Last day for parties to file and serve cross-motions for summary judgment: January 14, 2011 Last day for parties to file and serve opposition briefs: January 28, 2011 Last day for parties to file and serve reply briefs: February 4, 2011 Hearing on parties' cross-motions for summary judgment: February 18, 2011 at 10:00 a.m. Case management conference: 10:00 a.m. _______________________, 2011, at _______________ 18 February

15 summary judgment, and all related deadlines, as set forth above. 16 17 18 Dated: July 2, 2010 19 20 21 22 23 24 Dated: July 2, 2010 25 26 27 28
FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT Case No. CV 09-2288 CRB

IT IS SO STIPULATED:

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

KANTOR & KANTOR

By:

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

3

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

[PROPOSED] ORDER

Pursuant to the parties' stipulation, and good cause shown, the scheduling of the hearing on the parties' cross-motions for summary judgment is set as follows: Last day for parties to file and serve cross-motions for summary judgment: January 14, 2011 Last day for parties to file and serve opposition briefs: January 28, 2011 Last day for parties to file and serve reply briefs: February 4, 2011 Hearing on parties' cross-motions for summary judgment: February 18, 2011 at 10:00 a.m. Case management conference: _______________________, 2011, at _______________ It is so ordered. July 8 , 2010

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FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT Case No. CV 09-2288 CRB

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