Emerson v. Aetna, Inc. et al

Filing 68

ORDER (corrected) setting 10/22/12 for pretrial conference (tfS, COURT STAFF) (Filed on 7/5/2012)

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JAMES S. RUMMONDS, ESQ. (SBN 59954 )
RUMMONDS & MAIR
311 Bonita Drive
Aptos, CA 95003
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiff
JOHN EMERSON
LAFAYETTE & KUMAGAI LLP
SUSAN T. KUMAGAI (State Bar No. 127667)
REBECCA K. KIMURA (State Bar No. 220420)
100 Spear Street, Suite 600
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
BANK OF AMERICA, N.A.,
AETNA LIFE INSURANCE COMPANY and
BANK OF AMERICA GROUP BENEFITS PROGRAM

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORRECTED
JOHN EMERSON,

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Plaintiff,

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vs.

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BANK OF AMERICA, N.A., a Delaware
Corporation, BANK OF AMERICA
GROUP BENEFITS PROGRAM, AETNA
LIFE INSURANCE COMPANY, and
DOES 1-20, inclusive.

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Case No. CV 10-04919 SI
STIPULATION AND [PROPOSED]
ORDER MODIFYING PRETRIAL
PREPARATION ORDER

Defendants.

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Date:
Dept:
Judge:

June 25, 2012
Courtroom 10, 19th Floor
Hon. Susan Illston

Complaint Filed: 9/14/10
Second Amended Complaint Filed: 3/11/11

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Plaintiff John Emerson ("Plaintiff") and Defendants Bank of America, N.A., Bank of

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America Group Benefits Program, and Aetna Life Insurance Company ("Defendants")

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(collectively, the "Parties"), through their respective counsel present the following stipulation and

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proposed order regarding a modification of the Court's April 19, 2012 Pretrial Preparation and
STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION
ORDER (Case No. CV 10-04919 SI)

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Trial Schedule Order, so that the Parties can engage in further mediation.

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WHEREAS, the Parties commenced mediation activities with Eric Ivary on January 17,
2012;
WHEREAS, the case did not settle at that time, but the Parties expected to engage in
further mediation activities with Mr. Ivary after the Parties conducted some discovery;
WHEREAS, the Parties scheduled a further mediation session with Mr. Ivary for April
16, 2012, which was cancelled due to Plaintiff's counsel's extraordinary circumstances;
WHEREAS, the Parties believe that further mediation will be productive in resolving this
action and, therefore, seek modification of the upcoming pretrial discovery and dispositive
motion dates to avoid the time and expense of further litigation;
WHEREAS, the Parties do not seek to continue the pretrial conference date or trial date
currently scheduled in this action.

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The stipulation is based on the following:

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WHEREAS, an Initial Case Management Conference was held on October 12, 2011, and

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the Court set the following dates in its Pretrial Preparation Order:

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1.

Expert Discovery Cutoff is May 14, 2012.

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2.

Dispositive Motions Shall be filed by May 25, 2012.

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Opp. Due June 8, 2012; Reply Due June 15, 2012;

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and set for hearing no later than June 29, 2012 at 9:00 AM.

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3.

Pretrial Conference Date: August 14, 2012 at 3:30 PM.

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4.

Jury Trial Date: August 27, 2012 at 8:30 AM, Courtroom 10, 19th floor.

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Special Discovery and Pretrial Provisions: This case shall be referred to the
Court's mediation program.
WHEREAS, the Court later modified the Pretrial Preparation Order on April 19, 2012,
and set the following dates:

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1.

Expert Discovery Cutoff is July 2, 2012.

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2.

Dispositive Motions Shall be filed by July 16, 2012.

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Opp. Due July 30, 2012;
STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION
ORDER (Case No. CV 10-04919 SI)

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Reply Due August 13, 2012;

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And set for hearing no later than August 27, 2012 at 9:00 AM.

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3.

Pretrial Conference Date: October 8, 2012 at 3:30 PM.

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4.

Jury Trial Date: October 29, 2012 at 8:30 AM, Courtroom 10, 19th floor.

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Trial Length is estimated to be 8 days.
STIPULATION

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IT IS HEREBY STIPULATED AND AGREED TO BY AND BETWEEN THE
PARTIES by and through their respective counsel of record herein that:

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1.

Expert Discovery Cutoff is August 2, 2012.

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2.

Dispositive Motions shall be filed by August 13, 2012.

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Oppositions due August 27, 2012;

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Replies due September 10, 2012;

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Hearing on dispositive motions: September 24, 2012 at 9:00 AM.

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3.

Pretrial Conference Date: October 8, 2012 at 3:30 PM.

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4.

Jury Trial Date: October 29, 2012 at 8:30 AM, Courtroom 10, 19th floor.

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Trial Length is estimated to be 8 days.

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ORDER

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The foregoing Stipulation having been entered and good cause appearing therefor,

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IT IS HEREBY ORDERD that:

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The current pretrial deadlines for this case shall be modified as follows:

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1.

Expert Discovery Cutoff is August 2, 2012.

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2.

Dispositive Motions shall be filed by August 13, 2012.

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Oppositions due August 27, 2012;

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Replies due September 10, 2012;

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3.

Hearing on dispositive motions: September 24, 2012 at 9:00 AM.
9 MONDAY, OCTOBER 22, 2012
Pretrial Conference Date: October 8, 2012 at 3:30 PM.

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4.

Jury Trial Date: October 29, 2012 at 8:30 AM, Courtroom 10, 19th floor.

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Trial Length is estimated to be 8 days.
STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION
ORDER (Case No. CV 10-04919 SI)

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7/2/12