Wilkins v. UNUM Life Insurance Company of America et al
Filing
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ORDER GRANTING 65 STIPULATION TO CONTINUE PLAINTIFFS DEADLINE TO FILE A MOTION FOR ATTORNEYS FEES AND COSTS. Signed by Judge JEFFREY S. WHITE on 11/14/13. (jjoS, COURT STAFF) (Filed on 11/14/2013)
Case3:10-cv-02940-JSW Document65 Filed11/13/13 Page1 of 4
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KANTOR & KANTOR LLP
GLENN R. KANTOR, Bar No. 122643
gkantor@kantorlaw.net
PETER S. SESSIONS, Bar No. 193301
psessions@kantorlaw.net
19839 Nordhoff Street
Northridge, California, 91324
Telephone: (818) 886-2525
Facsimile: (818 350-6272
Attorneys for Plaintiff
Louis Wilkins
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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
FRANCIS TORRENCE, BAR NO. 154653
francis.torrence@wilsonelser.com
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: (415) 433-0990
Facsimile: (415) 434-1370
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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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vs.
Case No. 3:10-02940 JSW (BZ)
JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE PLAINTIFF’S
DEADLINE TO FILE A MOTION FOR
ATTORNEYS’ FEES AND COSTS
UNUM LIFE INSURANCE COMPANY
OF AMERICA; HSBC NORTH
AMERICA HOLDINGS, INC. LONG
TERM DISABILITY PLAN,
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Defendants.
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-1Case No. 3:10-02940 JSW (BZ)
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PLAINTIFF’S DEADLINE TO FILE A
MOTION FOR ATTORNEYS FEES’ AND COSTS
Case3:10-cv-02940-JSW Document65 Filed11/13/13 Page2 of 4
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WHEREAS:
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1.
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On September 24, 2013, the Court issued findings of fact and conclusions of law,
and entered judgment in plaintiff’s favor (Docket Nos. 53-54);
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2.
On October 21, 2013, the Court clarified that the portion of its findings of fact and
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conclusions of law determining that plaintiff was not entitled to attorney’s fees and costs was
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without prejudice, and that plaintiff was allowed to file a properly noticed and supported motion
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for such fees and costs (Docket No. 63);
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3.
Pursuant to the Court’s October 4, 2013 stipulated order, plaintiff’s deadline to
file such a motion is 30 days from the Court’s October 21, 2013 order, or November 20, 2013
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(Docket No. 60);
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4.
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private mediator and one before Magistrate Judge Zimmerman;
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The parties have attended two mediations during this litigation, one before a
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Those mediations addressed numerous issues, including not only the benefits at
issue in this action, but benefits being paid by defendant under another policy of insurance;
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6.
The parties have met and conferred and believe that, given the Court’s recent
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ruling this case, it would be productive for the parties to revisit those discussions in order to
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discuss the potential for globally settling the multiple claims at issue between the parties,
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including both sets of plaintiff’s benefits as well as plaintiff’s claim for attorney’s fees and costs;
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and
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7.
The parties are currently attempting to schedule a new mediation, but cannot
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feasibly do so prior to November 20, 2013, i.e., plaintiff’s current deadline to file his motion for
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attorney’s fees and costs.
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Thus, IT IS HEREBY STIPULATED by and between plaintiff Louis Wilkins and
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defendant Unum Life Insurance Company of America (“Unum”), through their attorneys of
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record, that the Court stay this litigation, thereby continuing plaintiff’s deadline to file his
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motion for attorney’s fees and costs pursuant to Federal Rule of Civil Procedure 54, until such
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time as the parties have been able to complete the aforementioned mediation. The parties agree
-2Case No. 3:10-02940 JSW (BZ)
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PLAINTIFF’S DEADLINE TO FILE A
MOTION FOR ATTORNEYS FEES’ AND COSTS
Case3:10-cv-02940-JSW Document65 Filed11/13/13 Page3 of 4
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that they will advise the Court of the outcome of the mediation as soon as it is completed. While
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the upcoming holidays in conjunction with the fact that UNUM’s authorized representative
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resides in Chattanooga, Tennessee, may delay the parties ability to attend an in person
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mediation, the parties anticipate taking part in such a mediation no later than the middle of
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January 2014.
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DATED: November 13, 2013
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KANTOR & KANTOR, LLP
By:
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/s/ Glenn R. Kantor
Glenn R. Kantor
Attorneys for Plaintiff
Louis Wilkins
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DATED: November 13, 2013
WILSON, ELSER, MOSKOWITZ,
EDELMAN, & DICKER LLP
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By:
/s/ Francis Torrence
Francis Torrence
Attorneys for Defendant
Unum Life Insurance Company of America
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-3Case No. 3:10-02940 JSW (BZ)
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PLAINTIFF’S DEADLINE TO FILE A
MOTION FOR ATTORNEYS FEES’ AND COSTS
Case3:10-cv-02940-JSW Document65 Filed11/13/13 Page4 of 4
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ORDER
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Based on good cause having been shown, IT IS HEREBY ORDERED that this action is
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stayed, and therefore plaintiff’s deadline to file his motion for attorney’s fees and costs pursuant
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to Federal Rule of Civil Procedure 54 is indefinitely continued. The parties will advise the Court
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of the outcome of their scheduled mediation as soon as it is completed.
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IT IS SO ORDERED.
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DATED:
November 14, 2013
HONORABLE JEFFREY S. WHITE
UNITED STATED DISTRICT JUDGE
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-4Case No. 3:10-02940 JSW (BZ)
JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE PLAINTIFF’S DEADLINE TO FILE A
MOTION FOR ATTORNEYS FEES’ AND COSTS
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