Wilkins v. UNUM Life Insurance Company of America et al

Filing 43

ORDER GRANTING 42 STIPULATION to Continue Trial Briefing Schedule and Trial Date Due to Death in Lead Defense Counsel's Family. Bench Trial set for 6/28/2013 10:00 AM before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 4.12.13. (jjoS, COURT STAFF) (Filed on 4/12/2013)

Case3:10-cv-02940-JSW Document42 Filed04/05/13 Page1 of 3

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KANTOR & KANTOR LLP
GLENN R. KANTOR, Bar No. 122643
[e-mail]
PETER S. SESSIONS, Bar No. 193301
[e-mail]
19839 Nordhoff Street
Northridge, California, 91324
Telephone: [phone]
Facsimile: (818 350-6272
Attorneys for Plaintiff
Louis Wilkins

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THOMAS M. HERLIHY, Bar No. 83615
[e-mail]
FRANCIS TORRENCE, BAR NO. 154653
[e-mail]
DONALD P. SULLIVAN, BAR NO. 191080
[e-mail]
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Unum Life Insurance Company of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS WILKINS,
Plaintiff,

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Case No. 3:10-02940 JSW

vs.
UNUM LIFE INSURANCE COMPANY
OF AMERICA; HSBC NORTH
AMERICA HOLDINGS, INC. LONG
TERM DISABILITY PLAN,

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JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE TRIAL
BRIEFING SCHEDULE AND TRIAL
DATE DUE TO THE DEATH OF LEAD
DEFENSE COUNSEL’S MINOR
DAUGHTER

Defendants.

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IT IS HEREBY STIPULATED by and between plaintiff Louis Wilkins and defendant
UNUM LIFE INSURANCE COMPANY OF AMERICA (“UNUM”), through their attorneys of
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JOINT STIP. AND [PROP.] ORDER TO CONTINUE TRIAL BRIEFING SCHEDULE AND TRIAL DATE
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Case3:10-cv-02940-JSW Document42 Filed04/05/13 Page2 of 3

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record, that the Trial briefing schedule and Trial date in this action be continued by thirty (30)

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days due to the unexpected death of lead defense counsel’s minor daughter, and in support of this

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Request states as follows:

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On January 28, 2013, the Court issued an Order Denying Cross Motions for Summary
Judgment and set a trial briefing schedule and trial date.
On February 28, 2013, Peter S. Sessions, lead counsel for Plaintiff, was called for jury

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duty and was placed on a jury. The parties jointly requested that the Trial briefing schedule and

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Trial date be continued due to Mr. Sessions’ unavailability.

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On March 6, 2013, the Court entered an Order modifying the Trial briefing schedule and

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continued the Trial date. See Docket No. 40. Under the Court’s Order, Plaintiff’s Opening Trial

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Brief was to be filed on March 15, 2012, which it was. Defendant’s Responsive Trial Brief was

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to be filed on April 5, 2013; Plaintiff’s Reply Brief was to be filed on April 10, 2013; and the

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Bench Trial was set for May 10, 2013 at 10:00 a.m.

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On Saturday, March 30, 2013, lead defense counsel’s minor daughter passed away. The
services were held on Wednesday, April 3, 2013.
For these reasons, the parties propose that the briefing and hearing schedule be continued
to the following dates, or the nearest convenient dates for the Court:

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1.

Defendant’s Responsive Trial Brief due May 3, 2013;

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2.

Plaintiff’s Reply Trial Brief due May 10, 2013;

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3.

Bench Trial on June 7, 2013 at 10:00 a.m., or such other date as the Court finds

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convenient.
Respectfully submitted.
DATED: April 5, 2013

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KANTOR & KANTOR, LLP
By:

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/s/ Glenn R. Kantor
Glenn R. Kantor
Peter S. Sessions
Attorneys for Plaintiff
Louis Wilkins

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SIGNATURES CONTINUED ON
NEXT PAGE
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JOINT STIP. AND [PROP.] ORDER TO CONTINUE TRIAL BRIEFING SCHEDULE AND TRIAL DATE
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Case3:10-cv-02940-JSW Document42 Filed04/05/13 Page3 of 3

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DATED: April 5, 2013

WILSON, ELSER, MOSKOWITZ,
EDELMAN, & DICKER LLP

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By:
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/s/ Donald P. Sullivan
Francis Torrence
Thomas M. Herlihy
Donald P. Sullivan
Attorneys for Defendant
Unum Life Insurance Company of America

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[PROPOSED] ORDER
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Pursuant to the Stipulation of the Parties and for good cause appearing, the Court orders
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that the Trial briefing schedule and Trial date in the above-captioned matter be continued as
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follows:
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1.

May 3
Defendant’s Responsive Trial Brief due on ______________;

2.

May 10
Plaintiff’s Reply Trial Brief due on ______________;

3.

June 28
a
10:00
Bench Trial on _______________ at __________ __.m.

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IT IS SO ORDERED.
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DATED: April 12, 2013
HONORABLE JEFFREY S. WHITE
UNITED STATED DISTRICT JUDGE

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JOINT STIP. AND [PROP.] ORDER TO CONTINUE TRIAL BRIEFING SCHEDULE AND TRIAL DATE
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