Bjorklun v. Hartford Life & Accident Insurance Company et al

Filing 32

ORDER DENYING 31 Stipulation TO AMEND CASE MANAGEMENT SCHEDULE: Motion Hearing set for 3/4/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 10/8/10. (jjoS, COURT STAFF) (Filed on 10/8/2010)

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Bjorklun v. Hartford Life & Accident Insurance Company et al Doc. 32 Case3:10-cv-00094-JSW Document31 Filed10/07/10 Page1 of 3 Dockets.Justia.com Case3:10-cv-00094-JSW Document31 Filed10/07/10 Page2 of 3 Case3:10-cv-00094-JSW Document31 Filed10/07/10 Page3 of 3 At the case management conference held on May 7, 2010, the Court ordered that the parties meet and confer regarding a briefing schedule for cross-motions for summary judgment. The opening brief on the cross-motions was supposed to be filed by November 4, with the hearing scheduled for January 14, 2011. It is the Court's practice to adjudicate motions for summary judgment in ERISA actions before holding a bench trial, unless it is absolultely clear that there are disputed issues of fact which would preclude summary judgment in favor of either party. Therefore, the Court again directs the parties to meet and confer and agree to a briefing schedule on cross-motions for summary judgment whereby: one party files an opening summary judgment motion by January 14, 2011 the other party shall file its opposition and cross-motion by January 28, 2011 the reply and opposition to the cross-motion is due by February 11, 2011 the reply in support of the cross-motion is due by February 18, 2011 Last Day to Hear Dispositive Motions: March 4, 2011 at 9:00 a.m. If the parties agree that there are disputed issues of fact which would preclude summary judgment in favor of either party, the Court will consider having the parties file trial briefs in accordance with the above schedule and will set a bench trial if necessary. IT IS SO ORDERED. UNIT ED ISTRIC ES D TC AT T RT U O S Dated: October 8, 2010 ER N F D IS T IC T O R A C LI FO f Judge Je frey S. W hite R NIA NO RT H

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