Orea v. FS San Francisco Employment, Inc.'s Long Term Disability Plan

Filing 7

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge William Alsup on 8/25/2009. (whasec, COURT STAFF) (Filed on 8/25/2009)

Download PDF
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 SEAN P. NALTY (SBN 121253) sean.nalty@wilsonelser.com SHIVANI NANDA (SBN 253891) shivani.nanda@wilsonelser.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Defendant FS SAN FRANCISCO EMPLOYMENT, INC.'S LONG TERM DISABILITY PLAN and Real Party in Interest LIFE INSURANCE COMPANY OF NORTH AMERICA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) FS SAN FRANCISCO EMPLOYMENT, INC.'S ) LONG TERM DISABILITY PLAN, ) ) Defendants. ) _________________________________________ ) ) LIFE INSURANCE COMPANY OF NORTH ) AMERICA, ) ) Real Party in Interest. ) ) ALFREDO LEON OREA, Case No.: CV 09-2538 WHA STIPULATION REGARDING DATE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT; AND [PROPOSED] ORDER [Local Rule 6-1] Action Filed: June 8, 2009 Honorable William H. Alsup IT IS HEREBY STIPULATED, pursuant to Local Rule 6-1, by and between plaintiff Alfredo Leon Orea, defendant FS San Francisco Employment, Inc.'s Long Term Disability Plan ("the Plan"), and real party in interest Life Insurance Company of North America ("LINA") through its attorneys of record; as follows: 1. 2. in this action; 1 STIPULATION REGARDING DATE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT; AND [PROPOSED] ORDER USDC NDCA Case CV 09-2538 WHA 469017.1 Plaintiff filed an amended complaint on July 15, 2009; LINA and the Plan have not been served with the summons and amended complaint 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3. LINA and the Plan have agreed to waive service of the summons and amended complaint in this action; 4. The parties have agreed that LINA and the Plan's response to the amended complaint shall be due on or before September 18, 2009; and; 5. This stipulated date for LINA and the Plan to respond to the amended complaint will alter the date of events and deadlines already fixed by the Court. In its June 8, 2009 Order Setting Initial Case Management Conference and ADR Deadlines, the Court set the Initial Case Management Conference date for September 17, 2009. If the Court approves this stipulation, the Initial Case Management Conference date will need to be continued so that the parties can conduct the FRCP Rule 26(f) conference twenty-one (21) days before the scheduling conference. Date: August 21, 2009 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Shivani Nanda SEAN P. NALTY SHIVANI NANDA Attorneys for Defendant FS SAN FRANCISCO EMPLOYMENT, INC.'S LONG TERM DISABILITY PLAN and Real Party in Interest LIFE INSURANCE COMPANY OF NORTH AMERICA Date: August 21, 2009 19 20 21 22 LAW OFFICES OF LAURENCE F. PADWAY By: ___/s/ Laurence F. Padway_________________ LAURENCE F. PADWAY Attorney for Plaintiff ALFREDO LEON OREA ORDER S DISTRICT TE C TA UNIT ED S 23 24 25 26 27 28 IT IS SO ORDERED. August 25, 2009. Date: _________________ RT U O R NIA VED APPRO illiam A _____________________________________ Judge W Honorable ER William H. Alsup C N F D IS T IC T United States DistrictOJudge R The case management conference is continued to October 15, 2009, at 11:00 a.m. A joint statement is due on October 8. THERE WILL BE NO FURTHER CONTINUANCES. 2 STIPULATION REGARDING DATE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT; AND [PROPOSED] ORDER USDC NDCA Case CV 09-2538 WHA 469017.1 A LI FO lsup NO RT H 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 CERTIFICATE OF SERVICE I hereby certify that on August 21, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 21, 2009. /s/ Shivani Nanda SHIVANI NANDA WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: (415) 433-0990 Fax: (415) 434-1370 3 STIPULATION REGARDING DATE TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT; AND [PROPOSED] ORDER USDC NDCA Case CV 09-2538 WHA 469017.1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?