Terreri v. FTI Consulting, Inc. et al

Filing 21

STIPULATION AND ORDER RESETTING CMC re 20 Stipulation filed by UNUM Life Insurance Company of America, FTI Consulting, Inc., Unum Group, Inc.. Signed by Judge Edward M. Chen on 3/3/11. (bpf, COURT STAFF) (Filed on 3/3/2011)

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RIMAC MARTIN, P.C. ANNA M. MARTIN - CSBN 154279 MATTHEW A. HICKEY- CSBN 239364 [e-mail] [e-mail] 1051 Divisadero Street San Francisco, California 94115 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants FTI CONSULTING, INC. DISABILITY PLAN, UNUM LIFE INSURANCE COMPANY OF AMERICA, INC., UNUM GROUP, INC. GOLDSTEIN, GELLMAN, MELBOSTAD & HARRIS, LLP LEE S. HARRIS- CSBN 076699 [e-mail] 1388 Sutter Street, Suite 1000 San Francisco, CA 94109-5494 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ERIC TERRERI

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ERIK TERRERI,

) ) ) Plaintiffs, ) ) vs. ) ) FTI CONSULTING, INC. DISABILITY ) PLAN, UNUM LIFE INSURANCE ) COMPANY OF AMERICA, INC., UNUM ) GROUP, INC. DOES 1-100, inclusive, ) ) Defendants. ) ______________________________________ )

E-FILING
CASE NO. CV-10-3867 EMC STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON Current Date: March 9, 2011

-1STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON CASE NO. C10-3867 EMC

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 DATED: February 28, 2011 27 28 By: /S/ LEE S. HARRIS LEE S. HARRIS Attorneys for Plaintiff ERIC TERRERI -2STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON CASE NO. C10-3867 EMC

IT IS HEREBY STIPULATED by and between the plaintiff ERIK TERRERI and defendants FTI CONSULTING, INC. DISABILITY PLAN, UNUM LIFE INSURANCE COMPANY OF AMERICA, INC., UNUM GROUP, INC. (collectively "Unum"), by and through their counsel of record herein, to a continuance of the Case Management Conference, currently scheduled for March 9, 2011, to March 30, 2011; 1:30 p.m., before Magistrate Judge Edward M. Chen, or on another date convenient for the Court. Good cause exists for this extension because plaintiff was awarded Social Security Disability Benefits on November 7, 2010 and has requested that Unum re-evaluate his appeal. Unum has agreed to re-evaluate plaintiff's appeal. The parties are seeking to extend the Case Management Conference by an additional three weeks to allow Unum to conduct this reevaluation. Unum is in the process of finalizing their re-evaluation of this matter. Depending upon the outcome of Unum's re-evaluation, the Case Management Conference may be unnecessary. A Joint Case Management Conference Statement shall be filed by March 24, 2011, if the Case Management Conference is to be held on March 30, 2011. Pursuant to local rules, this document is being electronically filed through the Court's ECF System. In this regard, counsel for defendant hereby attests that (1) the content of this document is acceptable to all persons required to sign the document; (2) plaintiff's counsel has concurred with the filing of this document; and (3) a record supporting this concurrence is available for inspection or production if so ordered. SO STIPULATED. GOLDSTEIN, GELLMAN, MELBOSTAD & HARRIS, LLP

1 2 3 4 DATED: March 2, 2011 5 6 7 8 9 10 11 12 IT IS SO ORDERED: By:

RIMAC MARTIN, P.C.

/S/ ANNA M. MARTIN ANNA M. MARTIN Attorneys for Defendants FTI CONSULTING, INC. DISABILITY PLAN, UNUM LIFE INSURANCE COMPANY OF AMERICA, INC., UNUM GROUP, INC.

The Case Management Conference is hereby continued to March 30, 2011 at 1:30 p.m.

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_______________________________________ The Honorable Edward M. Chen United States RDERED Judge O Magistrate United SO District Court, Northern District IS States FIED IT of California DI AS MO

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PROOF OF SERVICE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I am employed in the City and County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is: 1051 Divisadero Street, San Francisco, California 94115. On March 2, 2011 I served the document(s) described as STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON in this action addressed as follows: Lee S. Harris, Esq. Goldstein, Gellman, Melbostad & Harris, LLP 1388 Sutter St., Ste. 1000 San Francisco, CA 94109-5494 Telephone: [phone] Fax: [phone] [e-mail] Representing: PLAINTIFF: ERIK TERRERI G (BY MAIL) True and correct copies of the aforementioned document(s) were deposited, in a sealed envelope with postage thereon fully prepaid, with the U.S. Postal Service on that same day to be mailed via first class mail at San Francisco, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. X (TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF)) Pursuant to the controlling Rules, the aforementioned document(s) will be served by the court via NEF and proper link(s) to the document(s). On 7/9/10, I checked the appropriate CM/ECF docket for this case or proceeding and determined that the aforementioned person(s) has/have consented to receive NEF transmission at the aforementioned electronic addresses. G (BY ELECTRONIC SERVICE) On , I transmitted the aforementioned document(s) as PDF attachments to the aforementioned electronic notification address(es). The transmission originated from my electronic notification address, which is , and was reported as complete and without error. Executed on March 2, 2011 at San Francisco, California. I declare under penalty of perjury under the laws of the United States that the above is true and correct.

_/s/ Kim N. Phan_____ 25 Kim N. Phan 26 27 28 -4STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON CASE NO. C10-3867 EMC