Bardill v. Lincoln National Life Insurance Company et al

Filing 68

ORDER to extend time to bring motion for fees and cost re 66 Stipulation, filed by Caminar, Lincoln National Life Insurance Company, Caminar Comprehensive Health and Welfare Benefit Plan, Jefferson Pilot Financial Insurance Company. Signed by Judge Charles R. Breyer on 3/31/2011. (beS, COURT STAFF) (Filed on 4/4/2011)

Bardill v. Lincoln National Life Insurance Company et al

Doc. 68

Case3:09-cv-03025-CRB Document66

Filed03/29/11 Page1 of 3

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

TAD A. DEVLIN (SBN 190355) GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, JEFFERSON PILOT FINANCIAL INSURANCE COMPANY and CAMINAR, in its capacity as Plan Administrator of the Caminar Comprehensive Health and Welfare Benefit Plan JULIAN M. BAUM (SBN 130892) JULIAN M. BAUM & ASSOCIATES 9 Tenaya Lane Novato, CA 94947 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff SHARON BARDILL UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties, Plaintiff SHARON BARDILL and Defendants THE LINCOLN NATIONAL LIFE INSURANCE COMPANY; JEFFERSON PILOT FINANCIAL INSURANCE COMPANY; CAMINAR COMPREHENSIVE HEALTH AND WELFARE BENEFIT PLAN; and CAMINAR, in its capacity as Plan Administrator of the Caminar Comprehensive Health and
-1STIPULATION [AND PROPOSED ORDER] TO EXTEND TIME FOR DEFENDANTS TO BRING MOTION FOR FEES AND COSTS CASE NO. C09-03025 CRB Dockets.Justia.com

SHARON BARDILL, an individual,

) ) Plaintiff, ) v. ) ) THE LINCOLN NATIONAL LIFE ) INSURANCE COMPANY; JEFFERSON ) PILOT FINANCIAL INSURANCE ) COMPANY; CAMINAR COMPREHENSIVE ) HEALTH AND WELFARE BENEFIT PLAN; ) and CAMINAR, in its capacity as Plan ) Administrator of the Caminar Comprehensive ) Health and Welfare Benefit Plan, ) ) Defendants. ) )

CASE NO. C09-03025 CRB STIPULATION [AND PROPOSED ORDER] TO EXTEND TIME FOR DEFENDANTS TO BRING MOTION FOR FEES AND COSTS

LFG/1058759/9527450v.1

Case3:09-cv-03025-CRB Document66

Filed03/29/11 Page2 of 3

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

Welfare Benefit Plan in this action, through their respective attorneys of record, hereby agree and stipulate as follows: Whereas the Court entered Order Granting Judgment on March 15, 2011 (Document 64). Whereas Defendants have filed on March 28, 2011 a Request for Final Judgment Pursuant to FRCP 58 (Document 65). Whereas Plaintiff's counsel has advised Defendants' counsel that Plaintiff anticipates filing a motion for reconsideration and/or an appeal of the Court's ruling, and Defendants' counsel has advised that Defendants may seek an award of attorneys' fees and costs against Plaintiff. Whereas the parties' counsel have met and conferred regarding the timing of Defendants' motion for costs and attorneys' fees pursuant to USDC LR 54-1, USDC LR 54-5, the Federal Rules of Civil Procedure and relevant statutory authority under ERISA, have agreed and stipulate to extend Defendants' time to file a motion for costs and attorneys' fees until thirty (30) days after the Court's action on Defendants' Request for Final Judgment (Document 65) in this case, or until a further date by stipulation and Court order, or otherwise as the Court may order. Respectfully submitted. IT IS SO STIPULATED. DATED: March 29, 2011 GORDON & REES LLP

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By_____/s/ Tad A. Devlin_____________________ Tad A. Devlin Attorneys for Defendants THE LINCOLN NATIONAL LIFE INSURANCE COMPANY, JEFFERSON PILOT FINANCIAL INSURANCE COMPANY and CAMINAR, in its capacity as Plan Administrator of the Caminar Comprehensive Health and Welfare Benefit Plan

-2STIPULATION [AND PROPOSED ORDER] TO EXTEND TIME FOR DEFENDANTS TO BRING MOTION FOR FEES AND COSTS CASE NO. C09-03025 CRB

Case3:09-cv-03025-CRB Document66

Filed03/29/11 Page3 of 3

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Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

DATED: March 29, 2011 JULIAN M. BAUM & ASSOCIATES

By____/s/ Julian M. Baum_____________________ Julian M. Baum Attorneys for Plaintiff SHARON BARDILL

PROPOSED ORDER Based on the above stipulation, the Court extends the time for Defendants to bring any Motion for Fees and Costs until thirty (30) days after the Court's action on Defendants' Request for Final Judgment (Document 65) in this case, or until a further date by stipulation and Court order, or otherwise as the Court may order. IT IS SO ORDERED.

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Date:_________, 2011 March 31

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