Huerta v. AT&T Umbrella Benefit Plan No. 1

Filing 38

STIPULATION AND ORDER ON BRIEFING SCHEDULE. Motions due by 6/1/2012. Replies due by 7/13/2012. Responses due by 6/22/2012. Motion hearing 8/10/12 at 9:30 AM. Signed by Judge Joseph C. Spero on 5/3/12. (klhS, COURT STAFF) (Filed on 5/3/2012)

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LAFAYETTE & KUMAGAI LLP
SUSAN T. KUMAGAI (State Bar No. 127667)
Email: [e-mail]
REBECCA K. KIMURA (State Bar No. 220420)
Email: [e-mail]
100 Spear Street, Suite 600
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AT&T UMBRELLA BENEFIT PLAN NO. 1
James P. Keenley (State Bar No. 253106)
Email: [e-mail]
Emily A. Bolt (State Bar No. 253109)
Email: [e-mail]
BOLT · KEENLEY - ATTORNEYS AT LAW
1010 Grayson Street, Suite Two
Berkeley, CA 94710
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
JUAN HUERTA

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JUAN HUERTA,

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Plaintiff,

Case No.: C11-01673 (JCS)

v.

STIPULATION AND [PROPOSED]
ORDER ON BRIEFING SCHEDULE

AT&T UMBRELLA BENEFIT PLAN NO. 1

Complaint Filed: April 6, 2011

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Defendant.

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WHEREAS the Court's Civil Minute Order was filed in this action on April 6, 2012,

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ordering Plaintiff Juan Huerta ("Plaintiff") and Defendant AT&T Umbrella Benefit Plan No. 1

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("Defendant") (collectively, the "Parties") to meet and confer and submit a stipulated briefing

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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE Case No.: C11-01673 (JCS)

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schedule on the Motions for Summary Judgment1;

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WHEREAS the Parties have met and conferred and stipulate to the following briefing
schedule for dispositive motions:

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1.

June 1, 2012:

Last day for Parties to file dispositive motion;

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2.

June 22, 2012:

Last day for Parties to file Opposition to dispositive
motion;

3.

July 13, 2012:

Last day for Parties to file Reply in support of
dispositive motion;

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August 10, 2012:

Hearing on Motions.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:
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The briefing schedule on the dispositive motions shall be as follows:
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1.

June 1, 2012:

Last day for Parties to file dispositive motion;

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2.

June 22, 2012:

Last day for Parties to file Opposition to dispositive
motion;

3.

July 13, 2012:

Last day for Parties to file Reply in support of
dispositive motion;

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August 10, 2012:

Hearing on Motions.

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Respectfully submitted,
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DATED: May 2, 2012

BOLT · KEENLEY - ATTORNEYS AT LAW

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By: /s/ James P. Keenley
James P. Keenley
Attorneys for Plaintiff

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Plaintiff intends to file a Motion for Judgment under Federal Rules of Civil Procedure Rule 52, rather than a
Motion for Summary Judgment. Defendant objects to Plaintiff filing a Motion for Judgment under this briefing
schedule, as the Court's April 23, 2012 Further Case Management and Pretrial Order specifically contemplated that
the Parties agree upon a briefing schedule on "motions for summary judgment." Defendant does not object to
Plaintiff filing a motion under Rule 52 after the motions for summary judgment are decided, if necessary.

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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE Case No.: C11-01673 (JCS)

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Dated: May 2, 2012

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LAFAYETTE & KUMAGAI LLP

By: /s/ Rebecca K. Kimura
REBECCA K. KIMURA
Attorneys for Defendant
AT&T UMBRELLA BENEFIT PLAN NO. 1

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[PROPOSED] ORDER

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Pursuant to the Stipulation above, the briefing schedule on the Motion for Summary
Judgment shall be as follows:

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1.

June 1, 2012:

Last day for Parties to file dispositive motion;

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2.

June 22, 2012:

Last day for Parties to file Opposition to dispositive
motion;

3.

July 13, 2012:

Last day for Parties to file Reply in support of
dispositive motion;

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August 10, 2012:

Hearing on Motions.

NO

5/3/12
Dated: ____________________

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Spero
seph C.

Judge Jo

ER
____________________________________
C
N
F
D SPERO
HON. JOSEPH C. IS T RIC T O
United States Magistrate Judge

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RT

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R NIA

IT IS SO ORDERED.

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UNIT
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CERTIFICATE OF SERVICE

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I certify that a copy of this document was served electronically on May 2, 2012, on

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counsel of record in compliance with Federal Rule 5, Local Rule 5.6 and General Order 45, by

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use of the Court’s ECF system.

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/s/ Rebecca K. Kimura
REBECCA K. KIMURA

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STIPULATION AND [PROPOSED] ORDER ON BRIEFING SCHEDULE Case No.: C11-01673 (JCS)