Belo et al v. UnumProvident Companies et al

Filing 17

ORDER re 16 granting STIPULATION to Continue the December 8, 2009 Case Management Conference. Case Management Conference set for 4/20/2010 02:00 PM.. Signed by Judge Claudia Wilken on 11/9/09. (scc, COURT STAFF) (Filed on 11/9/2009)

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RIMAC MARTIN, P.C. ANNA M. MARTIN - State Bar No. 154279 WILLIAM REILLY - State Bar No. 177550 [e-mail] [e-mail] 1051 Divisadero Street San Francisco, California 94115 Telephone [phone] Facsimile [phone] Attorneys for Defendants UNUM LIFE INSURANCE COMPANY OF AMERICA; UNUM GROUP

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

REBECCA I. BELO, conservator of the Estate ) of TAMBA DAVIS, conservatee and TAMBA ) CASE NO. C 09-03562 CW DAVIS, ) ) Plaintiffs, ) STIPULATION AND ORDER TO ) CONTINUE THE DECEMBER 8, vs. ) 2009 CASE MANAGEMENT ) CONFERENCE UNUMPROVIDENT COMPANIES; UNUM ) INC., a corporation; DOE ONE through DOE ) ORDER FIVE and FIRST CORPORATION through ) FIFTH CORPORATION, ) ) Defendants. ) ______________________________________ ) IT IS HEREBY STIPULATED by and between the plaintiffs REBECCA I. BELO, conservator of the Estate of TAMBA DAVIS, conservatee and TAMBA DAVIS and defendants UNUM GROUP and UNUM LIFE INSURANCE COMPANY OF AMERICA, through their respective counsel of record that the December 8, 2009 at 2:00 p.m. Case Management Conference be continued to April 6, 2010 at 2:00 p.m., or thereafter, at the Court's convenience. GOOD CAUSE EXISTS for this brief continuance as the parties have been meeting and conferring regarding the pleadings, plaintiffs have agreed to amend the complaint to state a single claim based upon the additional tax liability they incurred due to the lump sum payment of

-1Stipulation To Continue CMC CASE NO. C 09-03562 CW

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disability benefits and, thus, the pleadings may not be at issue before the currently set December 8, 2009 at 2:00 p.m. Case Management Conference. Furthermore, the parties are engaged in settlement negotiations that may make the Case Management Conference unnecessary. SO STIPULATED. RIMAC MARTIN, P.C. DATED: November 9, 2009 By: /S/ WILLIAM REILLY WILLIAM REILLY Attorneys for Defendants UNUM LIFE INSURANCE COMPANY OF AMERICA; UNUM GROUP SMITH & BURSTEIN DATED: November 9, 2009 By: /S/ JACK B. BURSTEIN JACK B. BURSTEIN Attorneys for Plaintiffs

ORDER The parties having stipulated thereto, IT IS HEREBY ORDERED that the Case Management Conference will take place on April 20, 2010, at 2:00 p.m. SO ORDERED.

DATED: November 9, 2009 By:

CLAUDIA WILKEN United States District Judge

-2Stipulation To Continue CMC CASE NO. C 09-03562 CW