Smith v. Aetna Life Insurance Company

Filing 19

ORDER Initial Case Management Conference set for 10/7/2011 02:30 PM. (tf, COURT STAFF) (Filed on 8/11/2011)

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TAD A. DEVLIN (SBN: 190355)
CATHERINE GREGORY (SBN: 242006)
GORDON & REES, LLP
275 Battery Street, Suite 2000
San Francisco CA, 94111
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant
AETNA LIFE INSURANCE COMPANY

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P. RANDALL NOAH (SBN 136452)
21 Orinda Way, Suite C, #316
Orinda, CA 94563
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
TAMMY SMITH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAMMY SMITH,

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CASE NO. C11-02559-SI
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
RELATED DATES PURSUANT TO
FRCP 6(b)(1) AND CIVIL LOCAL
RULE 6-2

Plaintiff,
v.
AETNA LIFE INSURANCE COMPANY,
Defendant.

The Honorable Susan Illston
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STIPULATION
Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil Local Rule 6-2, Defendant Aetna Life

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Insurance Company (“Aetna”) and Plaintiff Tammy Smith (“Smith”) hereby stipulate to and

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respectfully request the Court continue the currently scheduled Case Management Conference

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and related dates by thirty (30) days. The parties stipulate that the Case Management

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___________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
RELATED DATES
CASE NO. C11-02559-SI

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Conference should be continued to October 3, 2011, and the related dates adjusted

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accordingly. There is good cause for the stipulation and requested continuance because Aetna

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filed a motion to dismiss for improper venue/motion to transfer that should be decided before

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the parties and this Court engage in case management and case setting before this Court.

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There is the possibility that the Case Management Conference will not be needed before this

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Court if Aetna’s motion to dismiss for improper venue/motion to transfer is granted.

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This stipulation is supported by the Declaration of Tad Devlin, and all documents on
file with the Court in this matter.
The deadline for the parties to file a Joint Case Management Statement is August 26,

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2011, and the Initial Case Management Conference is currently scheduled for September 2,

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2011. See Declaration of Tad Devlin (“Devlin Decl.”). The parties request the continuance

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due to Aetna’s pending Motion To Dismiss or Transfer the Action, Pursuant to 28 U.S.C.

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§ 1406(A), or Transfer for Convenience, Pursuant to 28 U.S.C. § 1404(A), which is set for

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hearing on September 9, 2011. See id., at ¶ 3.

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These currently set case dates and deadlines in this Court will be moot if Aetna

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prevails on its motion to dismiss/transfer venue. The parties request the thirty (30) day

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continuance to afford the Court the opportunity to decide Aetna’s motion. See id., at ¶ 4. The

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parties are making this request prior to fourteen days before the scheduled deadlines. See LR

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6-1(b). This extension will not prejudice either party or have an affect on other Court

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deadlines. See id., at ¶ 5. Aetna has received two prior extensions for filing a response to

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Smith’s complaint. See id., at ¶ 6.

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There is good cause for the parties’ stipulation and request for the Initial Case

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Management Conference, if needed at all based on Aetna’s motion, to be rescheduled to

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October 3, 2011.

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IT IS SO STIPULATED.

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___________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
RELATED DATES
CASE NO. C11-02559-SI

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Dated: August 9, 2011

GORDON & REES LLP

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By: /s/ Tad A. Devlin
Tad Devlin, SBN 190355
Attorneys For Defendant
275 Battery Street, Suite 2000
San Francisco, California 94111
Phone: [phone]
Fax: [phone]
[e-mail]

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Dated: August 9, 2011

LAW OFFICES OF P. RANDALL NOAH

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By: /s/ P. Randall Noah
P. Randall Noah, SBN 136452
Attorneys For Plaintiff
21 Orinda Way, Suite C, #316
Orinda, CA 94563
Phone: [phone]
Fax: [phone]
[e-mail]

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___________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
RELATED DATES
CASE NO. C11-02559-SI

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that the Initial Case
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Management Conference be rescheduled to October 3, 2011, and the related dates will be
adjusted accordingly.

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10th
August
Dated this ____ day of _________________, 2011.

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THE HONORABLE SUSAN ILLSTON

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___________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
RELATED DATES
CASE NO. C11-02559-SI