Abdullah v. Accentcare Long Term Disability Plan

Filing 65

STIPULATION AND ORDER TO CONTINUE DATE FOR FILING JOINT STATEMENT. The joint statement is due on or before November 9, 2012. Signed by Judge Maxine M. Chesney on November 2, 2012. (mmclc2, COURT STAFF) (Filed on 11/2/2012)

1
2
3

Laurence F. Padway, #89314
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone:
[phone]
Facsimile :
[phone]

4
Attorneys for Plaintiff Salima Abdullah
5
6
7
8
9

SEDGWICK, DETERT, MORAN & ARNOLD LLP
REBECCA A. HULL Bar No. 99802
ERIN A. CORNELL Bar No. 227135
[e-mail]
[e-mail]
333 Bush Street, 30th Floor
San Francisco, California 94104
Telephone:
[phone]
Facsimile:
[phone]

10
11

Attorneys for Defendant AccentCare Long Term Disability Plan and
Real Party in Interest Metropolitan Life Insurance Company

12
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17
SALIMA ABDULLAH

CASE NO. C 09-02909 MMC

18
Plaintiff,
19
v.

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE DATE FOR FILING JOINT
STATEMENT

20
21
22
23

ACCENTCARE LONG TERM
DISABILITY PLAN,
Defendant.
METROPOLITAN LIFE INSURANCE
COMPANY,

24
Real Party in Interest.
25
26

Plaintiff Salima Abdullah (“plaintiff”), defendant AccentCare Long Term Disability

27

Plan (“Plan”) and Real Party in Interest Metropolitan Life Insurance Company (“MetLife”)

28

(collectively “defendants”), through their respective attorneys of record herein, hereby stipulate

SF/3188564v1

1

and agree, and respectfully request that the Court order, that the date for the parties to file their

2

joint statement shall be extended one week from November 2, 2012 to November 9, 2012.

3

On September 19, 2012, the Court issued its Order Granting Plaintiff’s Motion for

4

Judgment and Denying Defendant’s Cross-Motion for Judgment. (ECF No. 63, hereinafter

5

“Order”.) The Order directed the parties to jointly submit a proposed judgment; or in the

6

alternative, if the parties could not come to an agreement regarding the amount or form of

7

judgment, to submit a joint statement setting forth their respective positions. (ECF No. 63,

8

23:27-22:3.) The parties were ordered to submit a proposed judgment or joint statement no

9

later than November 2, 2012. (Id.)

10

The parties have come to an agreement on some issues but outstanding issues remain to

11

which the parties do not agree. The parties have been working together to prepare a joint

12

statement for filing on November 2, 2012. However, defendants’ client representative is

13

located in New York City, and due to Superstorm Sandy earlier this week, communications

14

with their client representative have been difficult. Defendants’ client representative has not

15

been able to complete the review and approval process with regard to the joint statement. Due

16

to these very unusual circumstances, the parties agree that good cause exists for the one-week

17

extension for them to file the joint statement.

18
19

SO STIPULATED AND AGREED, AND RESPECTFULLY REQUESTED:
DATED: November 2, 2012

LAW OFFICES OF LAURENCE F. PADWAY

20
By:/s/ Laurence F. Padway (as authorized 11/2/12)
Laurence F. Padway
Attorney for Plaintiff Salima Abdullah

21
22
23

DATED: November 2, 2012

SEDGWICK, DETERT, MORAN & ARNOLD LLP

24
25
26
27
28
SF/3188564v1

By:/s/ Erin A. Cornell
Rebecca A. Hull
Erin A. Cornell
Attorneys for Defendant AccentCare Long Term
Disability Plan and Real Party in Interest
Metropolitan Life Insurance Company
2

1
2

ORDER

3

Having considered the parties’ Stipulation, and good cause appearing, it is hereby

4

ORDERED that the last day for the parties to file their joint statement is continued one week to

5

November 9, 2012.

6
7

IT IS SO ORDERED.
DATED:

November 1, 2012

8
9

HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SF/3188564v1

3