Wilkins v. UNUM Life Insurance Company of America et al

Filing 66

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)

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Case3:10-cv-02940-JSW Document65 Filed11/13/13 Page1 of 4 1 2 3 4 5 6 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 7 8 9 10 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 11 12 Attorneys for Defendant Unum Life Insurance Company of America 13 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 LOUIS WILKINS, Plaintiff, 19 20 21 22 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, 23 Defendants. 24 25 26 27 28 -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 1 WHEREAS: 2 1. 3 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); 4 2. On October 21, 2013, the Court clarified that the portion of its findings of fact and 5 conclusions of law determining that plaintiff was not entitled to attorney’s fees and costs was 6 without prejudice, and that plaintiff was allowed to file a properly noticed and supported motion 7 for such fees and costs (Docket No. 63); 8 9 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 10 (Docket No. 60); 11 4. 12 private mediator and one before Magistrate Judge Zimmerman; 13 14 The parties have attended two mediations during this litigation, one before a 5. 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; 15 6. The parties have met and conferred and believe that, given the Court’s recent 16 ruling this case, it would be productive for the parties to revisit those discussions in order to 17 discuss the potential for globally settling the multiple claims at issue between the parties, 18 including both sets of plaintiff’s benefits as well as plaintiff’s claim for attorney’s fees and costs; 19 and 20 7. The parties are currently attempting to schedule a new mediation, but cannot 21 feasibly do so prior to November 20, 2013, i.e., plaintiff’s current deadline to file his motion for 22 attorney’s fees and costs. 23 24 Thus, IT IS HEREBY STIPULATED by and between plaintiff Louis Wilkins and 25 defendant Unum Life Insurance Company of America (“Unum”), through their attorneys of 26 record, that the Court stay this litigation, thereby continuing plaintiff’s deadline to file his 27 motion for attorney’s fees and costs pursuant to Federal Rule of Civil Procedure 54, until such 28 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 1 that they will advise the Court of the outcome of the mediation as soon as it is completed. While 2 the upcoming holidays in conjunction with the fact that UNUM’s authorized representative 3 resides in Chattanooga, Tennessee, may delay the parties ability to attend an in person 4 mediation, the parties anticipate taking part in such a mediation no later than the middle of 5 January 2014. 6 7 DATED: November 13, 2013 8 KANTOR & KANTOR, LLP By: 9 10 /s/ Glenn R. Kantor Glenn R. Kantor Attorneys for Plaintiff Louis Wilkins 11 DATED: November 13, 2013 WILSON, ELSER, MOSKOWITZ, EDELMAN, & DICKER LLP 12 13 14 15 By: /s/ Francis Torrence Francis Torrence Attorneys for Defendant Unum Life Insurance Company of America 16 17 18 19 20 21 22 23 24 25 26 27 28 -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 1 ORDER 2 Based on good cause having been shown, IT IS HEREBY ORDERED that this action is 3 stayed, and therefore plaintiff’s deadline to file his motion for attorney’s fees and costs pursuant 4 to Federal Rule of Civil Procedure 54 is indefinitely continued. The parties will advise the Court 5 of the outcome of their scheduled mediation as soon as it is completed. 6 7 IT IS SO ORDERED. 8 9 10 DATED: November 14, 2013 HONORABLE JEFFREY S. WHITE UNITED STATED DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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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