Hersh v. Freedom Life Insurance Company of America

Filing 36

STIPULATION AND ORDER Motion Hearing set for 1/31/2012 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte.. Signed by Judge Elizabeth D. Laporte on December 13, 2011. (edllc2, COURT STAFF) (Filed on 12/13/2011)

Case3:11-cv-03289-EDL Document35

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Filed12/12/11 Page1 of 3

Glenn R. Kantor – SBN 122643
Email: [e-mail]
Corinne Chandler – SBN 111423
Email: [e-mail]
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
FAX: [phone]
Steven M. Dunn
Steven M. Dunn, P.A.
1135 Kane Concourse, 5th Floor
Miami, Florida 33154
Telephone: [phone]
Fax: [phone]
Attorneys for plaintiff
Rose Hersh

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UNITED STATES DISTRICT COURT

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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NORTHERN DISTRICT OF CALIFORNIA

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ROSE HERSH,
Plaintiff,

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v.
NATIONAL FOUNDATION LIFE
INSURANCE COMPANY f/k/a
NATIONAL FINANCIAL LIFE
INSURANCE COMPANY,
Defendant.

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Case No.: CV 11-03289 EDL
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING
ON DEFENDANT NATIONAL
FOUNDATION LIFE INSURANCE
COMPANY’S MOTION FOR
SUMMARY JUDGMENT OR, IN
THE ALTERNATIVE, SUMMARY
ADJUDICATION OF ISSUES
FAC Filed: 09/07/2011
Trial Date: 11/13/2012

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The parties, by and through their respective attorneys hereby agree and
stipulate to the following:
Whereas, this Court set December 6, 2011 as the last day for defendant to file
a summary judgment motion as to its statute of limitations defense;
Whereas, defendant filed its Motion and plaintiff’s Opposition thereto is due
on or about December 20, 2011

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Stipulation and Proposed Order Continuing Hearing on Motion for Summary Judgment

Case3:11-cv-03289-EDL Document35

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Whereas, on or about November 9, 2011, plaintiff served written discovery on

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defendant, requesting documents and information which are material to plaintiff’s

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contention that Florida law applies to this case;

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Whereas, defendant’s responses to said discovery are due on December 12,

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2009 and defendant has requested a two week extension to respond to said

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discovery; and

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Whereas, plaintiff has granted defendant’s request, provided that it stipulate

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and agree to continue the briefing and hearing on defendant’s motion so that

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plaintiff is not prejudiced by granting the extension.

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Now, therefore, the parties stipulate and agree, subject to the Court’s approval
that the briefing and hearing date for defendant’s motion for summary judgment,

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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filed on December 6, 2011 shall be continued as follows:

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January 3, 2012:

Plaintiff’s Opposition due

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January 17, 2012

Defendant’s Reply due

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January 31, 2012

Hearing on Defendant’s Motion for Summary
Judgment

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Dated: December 12 2011
,

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GREVE, CLIFFORD, WENGEL & PARAS, LLP
By:

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Bradley W. Kragel
Attorneys For Defendant National
Foundation Life Insurance Company

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/s/ Bradley W. Kragel

Dated: December 12 2011
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KANTOR & KANTOR LLP
STEVEN M. DUNN, P.A.
By:

/s/ Corinne Chandler
Corinne Chandler
Attorneys for Plaintiff Rose Hersh

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Stipulation and Proposed Order Continuing Hearing on Motion for Summary Judgment

Case3:11-cv-03289-EDL Document35

Filed12/12/11 Page3 of 3

[PROPOSED] ORDER

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The Court, having considered the Stipulation submitted by the parties and

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good cause appearing therefor, it is hereby ordered that the hearing on Defendant

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NATIONAL FOUNDATION LIFE INSURANCE COMPANY's Motion for

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Summary Judgment or, in the Alternative, Motion for Summary Adjudication of

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Issues be continued to January 31, 2012. It is also hereby ordered that the deadline

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to file an opposition is continued to January 3, 2012, and the deadline to file a reply

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is continued to January 17, 2012.

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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Dated: December 13, 2011
HONORABLE ELIZABETH D. LAPORTE
U.S. District Court Magistrate Judge

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Stipulation and Proposed Order Continuing Hearing on Motion for Summary Judgment