Corby v. UNUM Life Insurance Company of America et al

Filing 24

ORDER CONTINUING DUE DATE FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge Alsup on July 7, 2010. (whalc2, COURT STAFF) (Filed on 7/8/2010)

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Corby v. UNUM Life Insurance Company of America et al Doc. 24 1 RIMAC MARTIN, P.C. ANNA M. MARTIN - State Bar No.: 154279 2 KEVIN GILL State Bar No.: 226819 1051 Divisadero Street 3 San Francisco, CA 94115 Telephone: (415) 561-8440 4 Facsimile: (415) 561-8430 amartin@rimacmartin.com 5 Attorneys for Defendant 6 UNUM LIFE INSURANCE COMPANY OF AMERICA; WINK COMMUNICATIONS LONG TERM DISABILITY 7 PLAN AND WINK COMMUNICATIONS, INC. 8 SCOTT KALKIN - State Bar No.: 120791 ROBOOSTOFF & KALKIN, P.C. 9 359 Pine Street, Suite 820 San Francisco, CA 94104 10 Telephone: (415) 732-0282 Facsimile: (415) 732-0287 11 robokalk@earthlink.net 12 Attorneys for Plaintiff JANETTE CORBY 13 14 15 16 17 JANETTE CORBY, 18 19 20 21 22 23 24 25 26 ) ) Plaintiff, ) ) v. ) ) UNUM LIFE INSURANCE COMPANY ) OF AMERICA as Administrator and ) Fiduciary of the Wink Communications, ) Inc., Long Term Disability Plan, Wink ) Communications, Inc., Long Term ) Disablity Plan and Wink Communications, ) Inc. ) ) Defendants. ) ____________________________________) CASE NO.: CV 09-05890 WHA STIPULATION AND ORDER TO CONTINUE DUE DATE FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DUE TO FAMILY MEDICAL EMERGENCY Original Due Date: July 8, 2010 Proposed Due Date: July 29, 2010 Proposed Hrg. Date: September 9, 2010 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Due to a family medical emergency, the parties hereby stipulate by and through their 27 respective counsel of record to continue the July 8, 2010 deadline for defendant to file a motion 28 for summary judgment to July 29, 2010. In order to accommodate conflicts in counsel for -1STIPULATION AND [PROPOSED] ORDER CASE NO.: CV-09-5890 WHA Dockets.Justia.com 1 plaintiff's schedule, the parties stipulate to reset the corresponding hearing date for September 9, 2 2010. 3 GOOD CAUSE exists for this brief continuance as lead counsel for the defendants has 4 been responding to a family medical emergency. Specifically, Ms. Martin's ten-year-old 5 daughter has been hospitalized since last Friday due to newly diagnosed Diabetes I, and is 6 expected to remain in the hospital through this Wednesday or Thursday. The parties are hopeful 7 that this continuance should not interfere with the Court's schedule outside of this one due date 8 and hearing date. 9 The parties therefore respectfully request that the Court continue the due date for the 10 filing of the administrative record and for defendants' motion for summary judgment, such that 11 the record and moving papers are now due July 29, 2010, plaintiff's opposition papers are now 12 due on August 19, 2010, defendant's reply papers are now due on August 26, 2010, for hearing 13 on September 9, 2010. 14 15 16 17 DATED: July 6, 2010 18 19 20 21 22 23 24 DATED: July 6, 2010 25 26 27 28 -2STIPULATION AND [PROPOSED] ORDER CASE NO.: CV-09-5890 WHA SO STIPULATED. RIMAC MARTIN, PC By: /S/ KEVIN GILL KEVIN GILL Attorneys for Defendants UNUM LIFE INSURANCE COMPANY OF AMERICA; WINK COMMUNICATIONS LONG TERM DISABILITY PLAN AND WINK COMMUNICATIONS, INC. ROBOOSTOFF & KALKIN, P.C. By:: /S/ SCOTT KALKIN SCOTT KALKIN Attorney for Plaintiff JANETTE CORBY 1 2 3 [PROPOSED] ORDER Good cause having been shown, the Court hereby continues the due date for defendants' 4 motion for summary judgment and filing of the administrative record from July 8, 2010 to July 5 29, 2010. The hearing on defendants' motion for summary judgment and plaintiff's request for 6 discovery is set for September 9, 2010. 7 8 SO ORDERED. 9 10 7 11 DATED: July ___, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER CASE NO.: CV-09-5890 WHA UNIT ED TH E HONORABLE WILLIAM ALSUP UN IT E D STATES DISTRICT JUDGE D S S DISTRICT TE C TA _____________________________ RT U O ER N F D IS T IC T O R A C LI FO Judge W illiam A lsup R NIA O OR IT IS S DERE NO RT H

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