Lockett v. Hartford Life and Accident Insurance Company

Filing 37

Order by Hon. Samuel Conti denying 36 Stipulation.(sclc2, COURT STAFF) (Filed on 8/15/2013)

Case3:12-cv-02874-SC Document36 Filed08/14/13 Page1 of 3

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LAW OFFICES OF LAURENCE F. PADWAY
Laurence F. Padway (SBN 89314)
1516 Oak Street, Suite 109
Alameda, CA 94501
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Carolyn S. Lockett
BURKE, WILLIAMS & SORENSEN, LLP
Michael B. Bernacchi (SBN 163657)
E-mail: [e-mail]
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Hartford Life and Accident Insurance Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CAROLYN S. LOCKETT,

Case No. 3:12-CV-02874-SC

Plaintiff,

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v.

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STIPULATION AND ORDER FOR
CONTINUANCE OF TRIAL AND
RELATED CASE MANAGEMENT
DATES BY 90 DAYS

HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,

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Trial Date:
Date: December 9, 2013
Time: 9:30 a.m.
Ctrm: 1

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HONORABLE SAMUEL CONTI

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Defendant.

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Plaintiff Carolyn S. Lockett and Defendant Hartford Life and Accident

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Insurance Company (“Hartford”), by and through their respective counsel of record,

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hereby stipulate and respectfully request that the Court continue the December 9,

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2013 trial date in this matter (and all related case management dates) by 90 days.

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The reasons for the request are as follows:

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B URK E , W ILLIAMS &
S ORENS EN , LLP
ATT ORNE YS AT LA W
LO S ANGEL ES

1.

Defendant Hartford’s motion for summary judgment or, in the

alternative, motion for summary adjudication was recently taken under submission
LA #4851-2259-7397 v1

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STIPULATION AND ORDER FOR
CONTINUANCE OF TRIAL AND RELATED
CASE MANAGEMENT DATES BY 90 DATES

Case3:12-cv-02874-SC Document36 Filed08/14/13 Page2 of 3

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by the Court. The motion was originally set to be heard back in July. However,

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due to his knee surgery, Plaintiff’s counsel asked that the hearing on the motion be

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postponed until August 9, 2013 and that he be given additional time to prepare his

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opposition papers. Hartford’s counsel agreed to the continuance on the condition

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that if the motion was not decided by the Court at the time of the hearing, the

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parties would seek a 90-day continuance of the case management dates from the

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Court.

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2.

One of the reasons that Defendant Hartford brought its motion for

summary judgment back in July was to try and avoid undertaking certain discovery

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and trial preparation that would be expensive and time consuming for all sides.

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However, given that its motion for summary judgment has been taken under

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submission, the parties will now have to proceed with that discovery and other

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preparation, and simply need additional time to complete it.

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3.

Finally, counsel for Hartford currently has another trial scheduled for

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December 5, 2013. Accordingly, a short 90-day continuance will help avoid any

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potential conflict between the two cases.

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4.

Therefore the parties respectfully request that the trial date in this case

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be moved from December 9, 2013 to March 10, 2014 or any date thereafter that is

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convenient for this Court’s calendar. The parties further request that all remaining

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case management dates and discovery deadlines be continued 90 days as well.

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IT IS SO STIPULATED.

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Dated: August 14, 2013

Law Offices of Laurence F. Padway

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By: /s/ Laurence F. Padway
[as approved on August 14, 2013]
Laurence F. Padway
Attorneys for Plaintiff
Carolyn S. Lockett

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B URK E , W ILLIAMS &
S ORENS EN , LLP
ATT ORNE YS AT LA W
LO S ANGEL ES

LA #4851-2259-7397 v1

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STIPULATION AND ORDER FOR
CONTINUANCE OF TRIAL AND RELATED
CASE MANAGEMENT DATES BY 90 DATES

Case3:12-cv-02874-SC Document36 Filed08/14/13 Page3 of 3

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Dated: August 14, 2013

Burke, Williams & Sorensen, LLP

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By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Attorneys for Defendant
Hartford Life and Accident Insurance
Company

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ORDER

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Upon consideration of the parties’ stipulation, and good cause appearing, IT

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IS HEREBY ORDERED that the trial, case management dates, and discovery

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deadlines be continued in this case as follows:

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(3)

Last day to hear motions – from October 25, 2013 at 10:00 a.m.

__________________________; and,

S DISTRICT
T to
Discovery Cut-off – from October 9, 2013E
C
TA
__________________________.

(4)

IT IS SO ORDERED.

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Dated:

onti
amuel C
udge SConti
J
Hon. Samuel

RT

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By:

NO

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D

DENIE

RT
U
O

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__________________________;

R NIA

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Pre-Trial Conference – from November 8, 2013 at 10:00 a.m.

FO

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(2)

H

Judge of the United States District Court
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F
D IS T IC T O
R

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LI

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__________________________;

A

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Jury Trial – from December 9, 2013 at 9:30 a.m. to

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(1)

UNIT
ED

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B URK E , W ILLIAMS &
S ORENS EN , LLP
ATT ORNE YS AT LA W
LO S ANGEL ES

LA #4851-2259-7397 v1

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STIPULATION AND ORDER FOR
CONTINUANCE OF TRIAL AND RELATED
CASE MANAGEMENT DATES BY 90 DATES