Eagleston v. The Paul Revere Life Insurance Company et al

Filing 25

STIPULATION AND ORDER TO CONTINUE MEDIATION DATE re 24 STIPULATION WITH PROPOSED ORDER. Case Management Statement due by 2/26/2014. Case Management Conference set for 3/4/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco.Signed by Judge William H. Orrick on 01/02/2014. (jmdS, COURT STAFF) (Filed on 1/2/2014)

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FRANCIS TORRENCE (State Bar No. 154653)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
THE PAUL REVERE LIFE INSURANCE COMPANY
and UNUM GROUP
DAVID W. WESSEL (State Bar No. 115222)
LAW OFFICES OF BORIS E. EFRON
130 Portola Road
Portola Valley, California 94028
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
RICHARD A. EAGLESTON

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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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RICHARD A. EAGLESTON, an individual,

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Plaintiff,
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v.
THE PAUL REVERE LIFE INSURANCE
COMPANY, UNUM GROUP, and DOES 1
through 50,
Defendants.

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) Case No. CV 12-05633 WHO
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) STIPULATION AND ORDER TO
) CONTINUE MEDIATION DATE
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Plaintiff Richard Eagleston (“Eagleston” or “Plaintiff”) and Defendant The Paul Revere
Life Insurance Company (“Paul Revere” or “Defendant”), by and through their counsel of record,

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hereby respectfully submit this Stipulation and the accompanying Proposed Order to continue the
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mediation deadline in this matter. For reasons set forth below, the parties believe that good cause
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exists to allow the short additional extension of time.
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DATE

Case No. CV 12-05633 RS
1116864.1

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This litigation arises from a dispute regarding disability insurance benefits. Plaintiff has
brought claims for relief against the Defendant for breach of contract and bad faith.

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The parties previously requested the Court to continue the previously set Case
Management Conference in order to conduct a mediation. The Court graciously granted that
request, but alerted the parties that there would be no more extensions for the mediation, and
instructed that the mediation be conducted by the next CMC, currently set for Januray 29, 2014.

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The parties had a mediation scheduled for January 8, 2014, but now respectfully request
the Court to permit a very short extension, to February 19, 2014, the earliest date the mediator,
Craig Needham, is available. The parties believe that good cause exists to do so. The parties
respectfully make this request being aware of the Court’s prior instructions and comments about
further extensions.

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The parties agree that the success of this mediation is best served by having plaintiff’s
counsel present at the mediation, if possible, rather than having a different attorney appear for
Plaintiff at the mediation. Plaintiff’s counsel is more familiar with both the facts of the case and
the client. Defense counsel prefers that plaintiff’s counsel be the participant at the mediation, for
the same reasons.

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However, plaintiff’s counsel and his wife have what is literally a once in a lifetime
opportunity to visit their adult son in Africa during the month of January, a trip which will require
Plaintiff’s counsel to miss the scheduled mediation for January 8. Plaintiff’s counsel leaves at the
start of January and will be traveling to Africa to spend the month with his son who is a student at
the University of Ghana, Legon, in Accra, Ghana.

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In light of the once in a lifetime nature of the cause for this request, the parties believe
there is good cause to seek relief from the Court, and obtain a short extension. As indicated
above, the earliest alternative date available is the proposed February 19, 2014 date, which has
already been reserved. Counsel hope that such a brief extension would cause no inconvenience to
the Court.
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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DATE

Case No. CV 12-05633 RS
1116864.1

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The parties hereby respectfully request that the Court modify its prior order and permit the
parties to conduct the mediation on February 19, 2014, after plaintiff’s counsel has returned from
Africa.

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WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
LLP

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Dated: January 2, 2014

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By__/s/ Francis Torrence__________________________
FRANCIS TORRENCE
Attorneys for Defendants
THE PAUL REVERE INSURANCE COMPANY and
UNUM GROUP
LAW OFFICES OF BORIS E. EFRON

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Dated: January 2, 2014

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By

/s/ David W. Wessel
DAVID W. WESSEL
Attorneys for Plaintiff
RICHARD A. EAGLESTON

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PURSUANT TO STIPULATION, IT IS SO ORDERED as modified below:
The Case Management Conference set for January 28, 2014 is continued until March 4, 2014.
The parties shall file a Joint Case Management Statement on or before February 26, 2014
which either notifies the Court of a settlement or proposes a trial and case schedule with a trial
date in 2014, as one will be set at that time.

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DATED: January 2, 2014
WILLIAM H. ORRICK
UNITED STATED DISTRICT JUDGE

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JOINT STIPULATION AND PROPOSED ORDER TO CONTINUE MEDIATION DATE

Case No. CV 12-05633 RS
1116864.1