White v. Coblentz, Patch, Duffy & Bass LLP Long Term Disability Insurance Plan et al

Filing 54

ORDER re 51 Stipulation, filed by Coblentz, Patch, Duffy & Bass LLP Long Term Disability Insurance Plan, The Prudential Insurance Company of America. Signed by Magistrate Judge Bernard Zimmerman on 4/13/2011. (ahy, COURT STAFF) (Filed on 4/13/2011)

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TAD A. DEVLIN (SBN: 190355)
JOEL A. MORGAN (SBN: 262937)
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
COBLENTZ, PATCH, DUFFY & BASS, LLP LONG TERM
DISABILITY INSURANCE PLAN, and THE PRUDENTIAL
INSURANCE CO. OF AMERICA, Real Party in Interest

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LAURENCE F. PADWAY (SBN: 089314)
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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Attorneys for Plaintiff,
PATRICIA WHITE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA WHITE,

)
)
Plaintiff,
)
vs.
)
)
COBLENTZ, PATCH, DUFFY & BASS, LLP )
LONG TERM DISABILITY INSURANCE
)
PLAN,
)
)
Defendant.
)
)
THE PRUDENTIAL INSURANCE
)
COMPANY OF AMERICA,
)
)
Real Party in Interest.
)

Case No.: CV10-1855 (BZ)
RENEWED STIPULATED REQUEST
RE MODIFICATION TO BRIEFING
SCHEDULE FOR CROSS-MOTIONS
FOR JUDGMENT AND [PROPOSED]
ORDER
Judge: Hon. Bernard Zimmerman
Courtroom: G

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TO THE COURT, THE PARTIES AND THEIR ATTORNEYS OF RECORD:

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Plaintiff Patricia White and Defendant Coblentz, Patch, Duffy & Bass LLP Long Term

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Disability Insurance Plan (“Plan”) and Real Party in Interest The Prudential Insurance Company
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RENEWED STIPULATED REQUEST AND [PROPOSED] ORDER
CV10-1855 (BZ)

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of America (“Prudential”), through their respective attorneys, hereby jointly stipulate as follows:

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WHEREAS the parties previously submitted a Stipulation and [Proposed] Order re:
Briefing (hereinafter “Stipulation”), which was denied on April 7, 2011;

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WHEREAS the accompanying declaration of Tad A. Devlin, submitted herewith in

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support of the instant Stipulated Request, complies with the requirements of Local Rule 6-2 and

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sets forth the reasons and GOOD CAUSE showing for the parties’ stipulation;

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WHEREAS the parties in this action are currently set to attend the Court’s Cross-Motions
hearing scheduled for April 27, 2011 at 1:30 p.m.;

February 23, 2011; and whereas those documents were filed on February 24, 2011; and whereas,

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the Declaration of Laurence F. Padway was inadvertently omitted from the original filing,

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Gordon & Rees LLP

WHEREAS Plaintiff’s Motion for Judgment and Opening Trial Brief was due on

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275 Battery Street, Suite 2000
San Francisco, CA 94111

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together with a portion of Exhibit 16, and both of those documents were filed on February 28,

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2011;

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WHEREAS all parties stipulated, and it was so ordered, per Document 34, that Plaintiff’s

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Motion for Judgment and Opening Trial Brief and the Declaration of Laurence F. Padway shall

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be considered by the Court as if they had been timely filed;

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WHEREAS it was further stipulated per Document 34 that Prudential’s Opposition and
Cross-Motion Brief could be filed on March 17, 2011 instead of March 16, 2011;
WHEREAS all parties agreed, and it was so ordered, per Document 36 to continue the

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briefing schedule for Prudential’s Opposition and Cross-Motion Brief from March 17, 2011 until

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March 21, 2011;

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WHEREAS Plaintiff’s Opposition and Reply brief was due March 30, 2011;

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WHEREAS all parties agreed to continue the briefing schedule for Plaintiff’s opposition

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and reply brief from March 30, 2011 until March 31, 2011, and Plaintiff was to file a stipulation

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confirming this extension and seeking this Court’s approval, but inadvertently failed to do so and

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will do so by later stipulation and proposed order to this Court;

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WHEREAS Prudential’s reply brief is currently due April 13, 2011;

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WHEREAS all parties have agreed to continue the briefing schedule for Prudential’s
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RENEWED STIPULATED REQUEST AND [PROPOSED] ORDER
CV10-1855 (BZ)

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reply brief from April 13, 2011 until April 15, 2011.
WHEREAS all parties have indicated that they will not be prejudiced if the requested two

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day extension requires the Court to reschedule April 27, 2011 hearing to a later date convenient

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with this Court, provided the hearing date is continued to a date prior to May 12, 2011;

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THE PARTIES HEREBY RENEW THEIR STIPULATED REQUEST, through their

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respective counsel of record, and subject to the Court's approval, to continue the briefing

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schedule for Prudential’s reply brief from April 13, 2011 until April 15, 2011.

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IT IS SO AGREED AND STIPULATED.
Respectfully submitted,

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LAW OFFICES OF LAURENCE F.
PADWAY

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Dated: April 8, 2011

By:

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GORDON & REES
By:

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S
April 13
DATED: ______________, 2011

_______________________________
TED
The HonorableRAN Zimmerman
G Bernard
United States Magistrate Judge

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Judge B

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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/s/ Tad A. Devlin
TAD A. DEVLIN
JOEL A. MORGAN
Attorneys for Defendants
COBLENTZ, PATCH, DUFFY &
BASS, LLP LONG TERM
DISABILITY INSURANCE PLAN,
and THE PRUDENTIAL
INSURANCE CO. OF AMERICA,
Real Party in Interest

FO

Dated: April 8, 2011

LI

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/s/ Laurence F. Padway_____
Laurence F. Padway
Attorneys for Plaintiff

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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D IS T IC T O
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CSAA/1044232/9582983v.1

RENEWED STIPULATED REQUEST AND [PROPOSED] ORDER
CV10-1855 (BZ)