Gildroy v. Trinet Employee Benefit Insurance Plan

Filing 6

STIPULATION AND ORDER EXTENDINTG TIME FOR SERVICE AND ANSWER re 5 Stipulation filed by Gordon Gildroy. Signed by Judge Edward M. Chen on 9/3/10. (bpf, COURT STAFF) (Filed on 9/3/2010)

Gildroy v. Trinet Employee Benefit Insurance Plan

Doc. 6

1 2 3 4 5 6 7 8 9 10 11 12 13

ROBERT J. ROSATI, #112006 ERISA Law Group, LLP 2055 San Joaquin Street Fresno, California 93721 Telephone: [phone] Telefax: [phone] [e-mail] Attorneys for Plaintiff, GORDON GILDROY CHRISTOPHER J. BOMAN, #198798 CALLAN G. CARTER, #169906 FISHER & PHILLIPS LLP 2050 Main Street, Suite 1000 Irvine, California 92614 Telephone: [phone] Telefax: [phone] [e-mail] [e-mail] Attorneys for Defendant, TRINET EMPLOYEE BENEFIT INSURANCE PLAN UNITED STATES DISTRICT COURT FOR

14 THE NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, GORDON GILDROY ("Plaintiff") and Defendant TRINET EMPLOYEE BENEFIT INSURANCE PLAN ("Defendant") hereby agree and stipulate as follows: 1. On or About August 10, 2010, Plaintiff attempted service on Defendant; GORDON GILDROY, an individual, ) ) ) Plaintiff, ) ) v. ) ) ) TRINET EMPLOYEE BENEFIT ) INSURANCE PLAN, an ERISA welfare ) benefits plan, ) ) ) Defendant. ) ) ____________________________________) CASE NO. CV-10-3389-EMC JOINT STIPULATION REGARDING DATE CERTAIN FOR SERVICE AND RESPONSIVE PLEADING DEADLINE; [PROPOSED] ORDER

J O I N T STIPULATION REGARDING DATE CERTAIN FOR SERVICE AND RESPONSIVE PLEADING DEADLINE; [PROPOSED] ORDER | CASE NO. CV-10-3389-EM C

1

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2. 3. 4. 5.

Defendant contests that service has been effectuated by Plaintiff; Defendant agrees to accept service as of Friday, September 24, 2010; Defendant shall file a responsive pleading on or before October 15, 2010; and, Defendant's execution of this stipulation does not constitute a general appearance.

Date: September 2, 2010

/s/ Robert J. Rosati ROBERT J. ROSATI, #112006 ERISA Law Group, LLP 2055 San Joaquin Street Fresno, California 93721 Telephone: [phone] Telefax: [phone] Email: [e-mail] Attorneys for Plaintiff, GORDON GILDROY

Date: September 2, 2010

/s/ Christopher J. Boman CHRISTOPHER J. BOMAN, #198798 CALLAN G. CARTER, #169906 FISHER & PHILLIPS LLP 2050 Main Street, Suite 1000 Irvine, California 92614 Telephone: [phone] Telefax: [phone] [e-mail] [e-mail] Attorneys for Defendant, TRINET EMPLOYEE BENEFIT INSURANCE PLAN

Pursuant to the Parties' stipulation, IT IS HEREBY ORDERED that Defendant's response to Plaintiff's complaint is due on or before October 15, 2010. 9/3 Date: ___________________, 2010

UNIT ED

S

S DISTRICT TE C TA

J O I N T STIPULATION REGARDING DATE CERTAIN FOR SERVICE AND RESPONSIVE E PLEADING DEADLINE; [PROPOSED] ORDER | CASE NO. CV-10-3389-EM C

RN
2

D IS T IC T R

OF

A

C

LI

FO

dward Judge E

M. Che

n

R NIA

E ______________DER__D___________________ OR ____ _ SO TE JUDGE EDWARD M. CHEN MIT ISTRA AGIS

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 [X] 15 addressed as follows: 16 17 18 19 20 21 22 23 24 25 Mr. Christopher J. Boman, Esq. Mr. Callan G. Carter, Esq. Fisher & Phillips LLP 2050 Main Street, Suite 1000 Irvine, California 92614 <[e-mail]> <[e-mail]> STATE OF CALIFORNIA COUNTY OF FRESNO ) )

PROOF OF SERVICE ss.

I, VALERIE TAYLOR, certify and declare as follows: I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years and not a party to the within above entitled action; my business address is 2055 San Joaquin Street, Fresno, California 93721, which is located in the county where the mailing described below took place. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United Stated Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On September 2, 2010, at my place of business in Fresno, California, I served the within STIPULATION REGARDING DATE CERTAIN FOR SERVICE AND RESPONSIVE PLEADING DEADLINE; [PROPOSED] ORDER as follows: [ ] by personal delivery of a true copy thereof by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States at Fresno, California by electronic mail of a true copy thereof

[X ]

I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on September 2, 2010, at Fresno, California.

26 27 28
J O I N T STIPULATION REGARDING DATE CERTAIN FOR SERVICE AND RESPONSIVE PLEADING DEADLINE; [PROPOSED] ORDER | CASE NO. CV-10-3389-EM C

/s/ Valerie Taylor VALERIE TAYLOR

3