Beeson et al v. Fireman's Fund Insurance Company Inc

Filing 9

STIPULATION AND ORDER re: Briefing Schedule on Motions to Dismiss and Remand. Signed by Judge Samuel Conti on 7/8/09. (tdm, COURT STAFF) (Filed on 7/8/2009)

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Bingham McCutchen LLP TERRY J. HOULIHAN (SBN 42877) [e-mail] THOMAS S. HIXSON (SBN 193033) [e-mail] TAREK SORENSEN (SBN 261528) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067, U.S.A. Telephone: [phone] Facsimile: 415.393.2286 Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

LINDA J. BEESON, et al., Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANY, INC., a corporation, and DOES 1 through 50, inclusive, Defendants.

No. 09-CV-02776 SC STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND REMAND Date: Time: Place: Judge: August 28, 2009 10:00 a.m. Courtroom 1, 17th Floor Hon. Samuel Conti

A/73084532.2/3000914-0000335550

STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND REMAND (09-CV-02776 SC)

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Whereas, 1. On June 23, 2009, Defendant Fireman's Fund Insurance Company

("FFIC") removed this case from state court, contending that Plaintiffs' state-law claims alleged in their First Amended Complaint ("FAC") are completely preempted by the Employee Retirement Incomes Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"), thus giving rise to federal jurisdiction. 2. On June 26, 2009, FFIC moved to dismiss the FAC, contending that

Plaintiffs' state-law claims are preempted and completely preempted by ERISA, and thus should be dismissed on the merits. FFIC's motion to dismiss is currently set for hearing on July 31, 2009, at 10:00 a.m. 3. Plaintiffs contend that their state-law claims alleged in the FAC are not

completely preempted by ERISA and therefore that no federal jurisdiction exists over this case. Plaintiffs plan to file a motion to remand this case to state court. 4. Plaintiffs contend that their state-law claims alleged in the FAC are neither

preempted nor completely preempted by ERISA, and therefore they intend to oppose FFIC's pending motion to dismiss. 5. The issues raised by FFIC's motion to dismiss and Plaintiffs' anticipated

motion to remand are heavily interrelated, as they both involve arguments concerning whether the claims alleged in the FAC are preempted and/or completely preempted by ERISA. Accordingly, it is in the interest of the Court and the parties for these motions to be briefed and heard together. 6. There have been no previous time modifications with respect to these

Accordingly, pursuant to Civil Local Rule 6-2, the parties hereby stipulate and ask the Court to order as follows: A. FFIC's pending motion to dismiss ­ which is currently set for hearing on

July 31, 2009 at 10:00 a.m. ­ is reset for hearing on August 28, 2009, at 10:00 a.m. B. Plaintiffs shall file their motion to remand no later than July 17, 2009, and

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND REMAND (09-CV-02776 SC)

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it shall also be set for hearing on August 28, 2009, at 10:00 a.m. C. Plaintiffs' opposition to FFIC's motion to dismiss, and FFIC's opposition

to Plaintiffs' motion for remand, shall both be due on July 31, 2009. D. FFIC's reply in support of its motion to dismiss, and Plaintiffs' reply in

support of their motion for remand, shall both be due on August 14, 2009.

Respectfully submitted, DATED: July 7, 2009 BINGHAM MCCUTCHEN LLP

By:

/S/ Thomas S. Hixson Thomas S. Hixson Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY

DATED: July 7, 2009

LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.

By:

/S/ Jeffrey Lewis Jeffrey Lewis Attorneys for Plaintiffs LINDA J. BEESON, et al.

PURSUANT TO STIPULATION, IT IS SO ORDERED.
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8 DATE: July ____, 2009

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F D IS T IC T O R

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND REMAND (09-CV-02776 SC)

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ERED ____________________________ O ORD IT IS S Hon. Samuel Conti United States DistrictCJudge onti Samuel
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Attestation: I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. DATED: July 7, 2009 BINGHAM MCCUTCHEN LLP

By:

/S/ Thomas S. Hixson Thomas S. Hixson Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY

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STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND REMAND (09-CV-02776 SC)

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Bingham McCutchen LLP TERRY J. HOULIHAN (SBN 42877) [e-mail] THOMAS S. HIXSON (SBN 193033) [e-mail] TAREK SORENSEN (SBN 261528) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

LINDA J. BEESON, et al., Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANY INC., et al., Defendants.

No. 09-CV-02776 SC PROOF OF SERVICE Date: Time: Place: Judge: August 28, 2009 10:00 a.m. Courtroom 1, 17th floor Hon. Samuel Conti

I, Kelley A. Garcia, declare: I am over eighteen years of age, not a party in this action, and employed in San Francisco County, California at Three Embarcadero Center, San Francisco, California 94111-4067. I am readily familiar with the practice of this office for collection and processing of correspondence for mail/fax/email/hand delivery/next business day FedEx delivery, and they are deposited/delivered/transmitted that same day in the ordinary course of business. // //
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Case No. 09-CV-02776 SC

PROOF OF SERVICE

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On July 7, 2009, I served the following documents: STIPULATION AND [PROPOSED] ORDER RE: BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND REMAND BY FAX) by transmitting via facsimile the (number(s) set forth below on this date beforedocument(s) listed above to the fax 5:00 p.m. BY MAIL) the (United Statesby causing a true and correct copy of the above to be placed inpostage Mail at San Francisco, California in sealed envelope(s) with prepaid, addressed as set forth below. I am readily familiar with this law firm's practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence is deposited with the United States Postal Service the same day it is left for collection and processing in the ordinary course of business. E ESS MAIL/OVERNIGHT by (of XPRdocument(s) listed above to DELIVERY)by causing a true and correct copy in sealed the be delivered envelope(s) with all fees prepaid at the address(es) set forth below. PERSON L SERVICE) by causing a true and correct copy above (documentsAto be hand delivered in sealed envelope(s) with allof thefully paid to the fees person(s) at the address(es) set forth below. C electronically filing the foregoing with of the (theM/ECF) bysystem which sent electronic notificationthe Clerkfiling toCourt using CM/ECF of such all counsel of record. VIA transmitting via email the document(s) listed above (beforeEMAIL) byPST to the person(s) at the email address(es) set forthon this date 5:00 p.m. below. Val D. Hornstein, Esq. Hornstein Law Offices 475 Sansome Street, 18th Floor San Francisco, CA 94111 Tel: [phone] Fax: [phone] Email: [e-mail] Jeffrey Lewis, Esq. Sacha Steinberger, Esq. Kirsten Scott, Esq. Lewis, Feinberg, Lee, Renaker & Jackson, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Tel: [phone] Fax: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] 2
PROOF OF SERVICE
Case No. 09-CV-02776 SC

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I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made and that this declaration was executed on July 7, 2009, at San Francisco, California. /S/ Kelley A. Garcia Kelley A. Garcia

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PROOF OF SERVICE

Case No. 09-CV-02776 SC