Ramirez v. Aetna Life Insurance Company

Filing 34

ORDER by Magistrate Judge Maria-Elena James granting 32 Stipulation to Extend Deadlines to Complete Discovery Re Erisa Preemption and File Renewed Motion ofr Summary Adjudication. (rmm2S, COURT STAFF) (Filed on 1/3/2013)

1
2
3
4
5
6

GLENN R. KANTOR (SBN: 122643)
CORINNE CHANDLER (SBN: 111423)
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
REBECCA RAMIREZ

7
8
9
10
11

JORDAN S. ALTURA (SBN: 209431)
MARGIE R. LARIVIERE (SBN: 172975)
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

12
13

Attorneys for Defendant
AETNA LIFE INSURANCE COMPANY

14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
17
REBECCA RAMIREZ,
18
19

Plaintiff,

20
vs.
21
22

AETNA LIFE INSURANCE COMPANY,

23
Defendants.
24
25

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. C 12 4192 MEJ
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES TO
COMPLETE DISCOVERY RE ERISA
PREEMPTION AND FILE RENEWED
MOTION FOR SUMMARY
ADJUDICATION
Magistrate Judge: Maria Elena James
Courtroom: B, 15th Fl.
Complaint filed: 8/9/2012

26
27
28
1
STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES

1

TO THE COURT, THE PARTIES AND THEIR ATTORNEYS OF RECORD:

2

The parties in this action, Plaintiff Rebecca Ramirez (“Plaintiff”) and Defendants Aetna

3

Life Insurance Company, by and through their respective counsel of record, hereby jointly stipulate

4

as follows:

5

WHEREAS the accompanying declaration of Jordan S. Altura, submitted herewith in

6

support of this Stipulated Request, complies with the requirements of Local Rule 6-2 and sets forth

7

the reasons for and good cause supporting the parties’ stipulation;

8
9
10
11
Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

12
13

WHEREAS the parties have a mediation scheduled for January 17, 2012, with Martin
Quinn of JAMS;
WHEREAS the Court instructed the parties complete fact discovery with respect to the
issue of ERISA preemption by February 7, 2013;
WHEREAS the Court set March 7, 2013 as the deadline for the parties to file motions with
respect to the issue of ERISA preemption, with hearings on such motions set for April 11, 2013;

14

WHEREAS Plaintiff has propounded written discovery to Defendant and the parties have

15

met and conferred about setting the deposition of Aetna’s 30(b)(6) witness concerning the issuance

16

of the welfare benefit plan to the National Conference of Bankruptcy Clerks (“NCBC”);

17
18

WHEREAS both parties intend to seek written and deposition discovery from nonparties,
including the NCBC;

19

WHEREAS the parties agree it would be prudent to avoid the costs of written and

20

deposition discovery while attempting to settle this case, and seek to continue the deadlines set

21

forth above by three weeks to allow completion of settlement efforts and, if the mediation is

22

unsuccessful, to still have adequate time to complete necessary discovery in an orderly fashion;

23
24
25

WHEREAS the parties stipulate and request this Court extend the ERISA preemptionbased discovery completion and briefing deadlines and continue the hearing date, as follows:


26
27
28

Discovery completion deadline regarding ERISA preemption, continued from
February 7, 2013 until February 28, 2013;



Deadline for filing any motions concerning ERISA preemption, continued from
March 7, 2013 to March 28, 2013;
2

STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES

1
2
3



Hearing on motions concerning ERISA preemption, continued from April 11, 2013
to May 2, 2013.

IT IS SO AGREED AND STIPULATED.

4
5

Respectfully Submitted,
Dated: January 2, 2013

GORDON & REES LLP

6
By:

7
8
9
10

Dated: January 2, 2013

KANTOR & KANTOR, LLP

11

By:

12
Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

/s/ Jordan S. Altura
Jordan S. Altura
Attorneys for Defendants
AETNA LIFE INSURANCE
COMPANY

13

/S/ Corinne Chandler
Glenn R. Kantor
Corinne Chandler
Attorneys for Plaintiff
REBECCA RAMIREZ

14
15
ORDER

16
17

PURSUANT TO STIPULATION, IT IS SO ORDERED.

18
19

January 3, 2013
DATED: ______________
_______________________________
Maria Elena-James
Chief United States Magistrate Judge

20
21
22
23
24
25
26
27
28
AETNA/1082457/14417967v.1

3
STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY AND BRIEFING DEADLINES