Echague v. Metropolitan Life Insurance Company et al

Filing 91

STIPULATION AND ORDER TO CONTINUE LAST DAY TO HEAR DISPOSITIVE MOTIONS re 90 STIPULATION WITH PROPOSED ORDER. Dispositive Motions to be heard by 1/22/2014.Signed by Judge William H. Orrick on 10/24/2013. (jmdS, COURT STAFF) (Filed on 10/23/2013)

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THE GREY LAW FIRM, PC
REBECCA GREY Bar No. 194940
The Russ Building
235 Montgomery Street, Suite 1101
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
ERNIE ECHAGUE
SEDGWICK LLP
REBECCA A. HULL Bar No. 99802
ERIN A. CORNELL Bar No. 227135
333 Bush Street, 30th Floor
San Francisco, CA 94101-2834
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
METROPOLITAN LIFE INSURANCE COMPANY
LITTLER MENDELSON
ERIC BELLAFRONTO Bar No. 162102
ISELA PEREZ Bar No. 267859
50 West San Fernando Street, 15th Floor
San Jose, CA 95113
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
THE TRINET GROUP, INC.; THE TRINET GROUP, INC.
BASIC LIFE INSURANCE PLAN; THE TRINET GROUP,
INC. SUPPLEMENTAL LIFE INSURANCE PLAN;
PACIFIC COAST BANKERS’ BANK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERNIE ECHAGUE,

Case No. 3:12-cv-00640 WHO
Plaintiff,

v.
METROPOLITAN LIFE INSURANCE
COMPANY; TRINET GROUP, INC.;
PACIFIC COAST BANKERS’ BANK; THE
TRINET GROUP, INC. BASIC LIFE
INSURANCE PLAN; THE TRINET GROUP,
INC. GROUP SUPPLEMENTAL LIFE
INSURANCE PLAN; and DOES 1-100,
inclusive,

STIPULATION AND ORDER TO
CONTINUE LAST DAY TO HEAR
DISPOSITIVE MOTIONS

Defendants.

DOCS/3957842v1

STIPULATION AND ORDER TO CONTINUE DATES

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Plaintiff Ernie Echague and defendants Metropolitan Life Insurance Company

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(“MetLife”), The TriNet Group, Inc. (“TriNet”), The TriNet Group, Inc. Basic Life Insurance

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Plan, The TriNet Group, Inc. Supplemental Life Insurance Plan (collectively “the TriNet

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defendants”), and Pacific Coast Bankers’ Bank (“PCBB”) (collectively “defendants”), through

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their respective attorneys of record, hereby agree and stipulate as follows:

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1.

On August 8, 2013, following a case management conference, the Court ordered

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dispositive motions to be heard on November 27, 2013. (ECF No. 83.) The Court also ordered

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that a bench trial will take place on February 10, 2014. (Id.)

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2.

Pursuant to Civil L.R. 7-2(a), because the parties’ dispositive motions will be

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heard on November 27, 2013, the last day for the parties to file dispositive motions is October

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23, 2013.

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3.

On October 1, 2013, the Court filed its Order on Discovery Dispute (ECF No.

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87), and ordered MetLife, TriNet, and PCBB to produce additional documents, and also arrange

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for the depositions for their respective 30(b)(6) witnesses, as outlined in the Court’s order.

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4.

The parties have worked diligently to obtain a protective order, pursuant to the

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Court’s October 1, 2013 order (ECF No. 89), to produce the additional documents pursuant to

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the protective order, and to schedule three 30(b)(6) witness depositions (one for MetLife, one

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for TriNet, and one for PCBB). Due to the availability of counsel and the witnesses, the first

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available date for the deposition of MetLife’s 30(b)(6) witness is November 21, 2013, after the

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currently-scheduled briefing is to be completed. The first available date for the deposition of

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TriNet’s 30(b)(6) witness is December 5, 2013, after the currently-scheduled hearing on the

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parties’ dispositive motions.

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5.

The parties expect that the case will be resolved in its entirety on dispositive

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motions. If the parties file their dispositive motions on October 23, 2013, they will necessarily

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need to supplement their briefs following the conclusion of the additional discovery ordered by

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the Court, and at this time the additional discovery will not be concluded until after the

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currently scheduled hearing on November 27, 2013.

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DOCS/3957842v1

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STIPULATION AND ORDER TO CONTINUE DATES

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THEREFORE, in order to avoid the need for supplemental briefing and in the interest of

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judicial economy, the parties respectfully request that the Court continue the last day to hear

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dispositive motions to January 22, 2014, or as soon thereafter as the matter may be heard. The

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parties propose that dispositive motions be filed on December 18, 2013, with oppositions due

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January 8, 2014, and replies due January 15, 2014.

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This continuance will allow the parties to complete discovery and to prepare their

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respective dispositive motions, without the need for additional or supplemental briefing, and to

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make the most efficient use of the Court’s time.

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Although the parties anticipate that the case will be resolved in its entirety through

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dispositive motions, the parties also respectfully request that the Court continue the bench trial,

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which is currently set for February 10, 2014, to June 30, 2014.

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IT IS SO STIPULATED, AGREED, AND RESPECTFULLY REQUESTED.
DATED: October 22, 2013

The Grey Law Firm, PC

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By: /s/ Rebecca Grey (as authorized on 10/22/2013)
Rebecca Grey
Attorneys for Plaintiff
ERNIE ECHAGUE

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DATED: October 22, 2013

SEDGWICK LLP

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By: /s/ Rebecca A. Hull
Rebecca A. Hull
Erin A. Cornell
Attorneys for Defendant
METROPOLITAN LIFE INSURANCE COMPANY

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DATED: October 22, 2013

LITTLER MENDELSON

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DOCS/3957842v1

By: /s/ Isela Perez (as authorized on 10/22/2013)
Eric Bellafronto
Isela Perez
Attorneys for Defendants
THE TRINET GROUP, INC.; THE TRINET GROUP,
INC. BASIC LIFE INSURANCE PLAN; THE TRINET
GROUP, INC. SUPPLEMENTAL LIFE INSURANCE
PLAN’ PACIFIC COAST BANKERS’ BANK
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STIPULATION AND ORDER TO CONTINUE DATES

ORDER

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Pursuant to the stipulation of the parties and good cause found herein,

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IT IS ORDERED that the hearing for the parties’ dispositive motions is continued to

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January 22, 2014.
The parties are to file their dispositive motions on December 18, 2013. Opposition
briefs are due January 8, 2014, and reply briefs are due January 15, 2014.

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It is further ordered that the bench trial is continued to June 30, 2014.

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IT IS SO ORDERED.

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DATED: October 23, 2013

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Honorable William H. Orrick
United States District Judge

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DOCS/3957842v1

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STIPULATION AND ORDER TO CONTINUE DATES