Lee v. Stonebridge Life Insurance Company

Filing 46

STIPULATION AND ORDER TO CONTINUE SETTLEMENT CONFERENCE DATE. Settlement Conference previously set for 2/14/12 at 9:30 AM has been re-set for 6/6/2012 at 09:30 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 2/6/12. (klhS, COURT STAFF) (Filed on 2/7/2012)

Dan Marmalefsky (SBN 95477)

1 [e-mail]
2 Tiffany Cheung (SBN 211497)
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[e-mail]
MORRISON & FOERSTER LLP
555 West Fifth Street
Los Angeles, California 90013-1024
Telephone: [phone]
Facsimile: 213.892.5454
Attorneys for Defendant
STONEBRIDGE LIFE INSURANCE COMPANY
Sean Reis (SBN 184044)

8 [e-mail]

Edelson McGuire, LLP
30021 Tomas Street, Suite 300
10 Rancho Santa Margarita, California 92688
Tel: [phone]
11 Fax: [phone]
Attorney for Plaintiff
12 JESSICA LEE

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13 Stuart D. Kirchick (SBN 144145)
[e-mail]

14 Law Offices of Stuart D. Kirchick
1143 Story Road, Suite 210

15 San Jose, CA 95122
Tel: [phone]

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Attorney for Defendant

17 TRIFECTA MARKETING GROUP, LLC
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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20 JESSICA LEE, individually and on behalf of a
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class of similarly situated individuals,
Plaintiff,

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Case No. CV 11-0043-RS

STIPULATION TO RESET
SETTLEMENT CONFERENCE DATE

v.

24 STONEBRIDGE LIFE INSURANCE

COMPANY, a Vermont corporation, and
25 TRIFECTA MARKETING GROUP, LLC, a
Florida limited liability company,

Judge: Hon. Richard Seeborg
Magistrate: Hon. Joseph C. Spero

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Defendants.

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STIPULATION

CV-11-00043-RS

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Pursuant to Local Rule 6-2, Plaintiff Jessica Lee, Defendant Stonebridge Life Insurance

2 Company (“Stonebridge”), and Defendant Trifecta Marketing Group, LLC (“Trifecta”) (collectively
3 referred to herein as the “Parties”), by and through their respective counsel of record, hereby
4 stipulate to move the date currently set for the settlement conference in this case as set forth below:
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WHEREAS, Plaintiff filed the Complaint in this case on January 4, 2011 (Dkt. 1.);

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WHEREAS, the Plaintiff and Stonebridge agreed to participate in, and the Court ordered, a

7 settlement conference in front of Hon. Joseph C. Spero (Dkt. 25.);
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WHEREAS, the Plaintiff and Stonebridge thereafter concluded that the settlement

9 conference would not be productive without completing certain discovery and the inclusion of then
10 third-party Trifecta;
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WHEREAS, on July 28, 2011, Plaintiff filed her First Amended Class Action Complaint

12 naming Trifecta as an additional Defendant (Dkt. 34.);
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WHEREAS, on September 26, 2011, Stonebridge filed its Answer to the Amended

14 Complaint (Dkt. 40);
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WHEREAS, on December 12, 2011, Trifecta filed its Answer to the Amended Complaint

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WHEREAS, this is the Parties’ first request to continue the date of the settlement conference

18 since Trifecta’s appearance in this case (Plaintiff and Stonebridge’s fourth request since the
19 inception of the case and the first request from Trifecta), (Dkts. 29, 36, & 41.);
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WHEREAS, counsel for the Parties have actively discussed their current positions about

21 settlement and have determined that proceeding with the settlement conference as scheduled on
22 February 14, 2012, would not be an efficient use of the Parties’ or the Court’s resources given their
23 respective views regarding settlement;
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WHEREAS, the Parties believe that a settlement conference or other ADR method may be

25 more productive if the Parties continue with discovery;
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WHEREAS, the stipulated continuance of the settlement conference will not alter the date of

27 any other deadlines in the schedule for the case; and
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-1STIPULATION

CV-11-00043-RS

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WHEREAS, the Parties have informed the Court via telephone of their request to reset the

2 date of the settlement conference, and the Court has indicated that June 6, 2012 is an available date.
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Pursuant to L.R. 6-2, IT IS HEREBY STIPULATED AND AGREED by the Parties, through

4 their counsel, that, with the Court’s agreement, the settlement conference be reset from February 14,
5 2012 to June 6, 2012.
6 Confidential settlement conference statements shall be due by May 23, 2012 - JCS
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-2STIPULATION

CV-11-00043-RS

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: February 3, 2012
EDELSON MCGUIRE, LLC

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By

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/s/ Ryan D. Andrews
RYAN D. ANDREWS
Attorney for
Plaintiff JESSICA LEE

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8 Dated: February 3, 2012

MORRISON & FOERSTER, LLP

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By

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/s/ Tiffany Cheung
TIFFANY CHEUNG
Attorney for
Defendant STONEBRIDGE LIFE INSURANCE
COMPANY

Dated: February 3, 2012
LAW OFFICES OF STUART D. KIRCHICK

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By

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/s/ Stuart D. Kirchick
STUART D. KIRCHICK
Attorney for
Defendant TRIFECTA MARKETING GROUP, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
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21 DATED: __________, 2012
Feb. 6
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R NIA

D
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IS SO O FIED
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JOSEPH C. SPERO ODI
AS M

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UNITED STATES sMAGISTRATE JUDGE
pero
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Judge Jo

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-3STIPULATION

CV-11-00043-RS