James v. AT&T West Disability Benefits Program

Filing 17

STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER. Case Management Conference set for 9/19/2013 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 6/19/13. (cl, COURT STAFF) (Filed on 6/19/2013)

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FAX

[phone]
[phone]

600
94105
SAN FRANCISCO, CALIFORNIA

ATTORNEYS AT LAW

SPEAR STREET, SUITE

100

LAFAYETTE & KUMAGAI LLP

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LAFAYETTE & KUMAGAI LLP
SUSAN T. KUMAGAI (State Bar No. 127667)
REBECCA K. KIMURA (State Bar No. 220420)
100 Spear Street, Suite 600
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant AT&T UMBRELLA BENEFIT PLAN
NO. 1 (erroneously sued as AT&T WEST DISABILITY
BENEFITS PROGRAM)
LAURENCE F. PADWAY (State Bar No. 89314)
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone:
[phone]
Facsimile:
[phone]
DAVID J. LINDEN (State Bar No. 41221)
Post Office Box 5780
Napa, California 94581
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff DIANA JAMES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIANA JAMES,

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Plaintiff,

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vs.

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AT&T WEST DISABILITY BENEFITS
PROGRAM

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Case No. 3:12-CV-06318 RS
STIPULATION AND [PROPOSED]
ORDER TO MODIFY CASE
MANAGEMENT ORDER
Complaint Filed: December 12, 2012

Defendant.

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Plaintiff Diana James ("Plaintiff") and Defendant AT&T Umbrella Benefit Plan No. 1

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(erroneously sued as AT&T West Disability Benefits Program) (collectively the "Parties") through

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their respective counsel present the following stipulation and proposed order regarding an

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extension of the date to complete an Early Neutral Evaluation and to continue the further case
STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT ORDER
(Case No. 3:12-CV-06318 RS)

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management conference for a date after the Early Neutral Evaluation is completed.
WHEREAS on May 2, 2013, the Parties consented to participate in a court-sponsored
Early Neutral Evaluation (Dkt No. 11);
WHEREAS on May 9, 2013, the Court issued its Case Management Order, referring the

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parties to the Court's ADR Program for the purpose of completing an Early Neutral Evaluation to

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take place within sixty (60) days of the Order, or by July 8, 2013, and setting a further case

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management conference for July 25, 2013 (Dkt No. 13);

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WHEREAS on May 22, 2013, the Court assigned R. Bradford Huss as the Evaluator to this
case (Dkt No. 15);
WHEREAS the initial pre-session conference call with the Evaluation was scheduled for

[phone]
[phone]
FAX

June 5, 2013, but did not take place due to Plaintiff's counsel's unavailability, and had to be

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600
94105
SAN FRANCISCO, CALIFORNIA

ATTORNEYS AT LAW

SPEAR STREET, SUITE

100

LAFAYETTE & KUMAGAI LLP

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rescheduled for another date;

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WHEREAS the pre-session conference call has not yet been rescheduled and the ENE date
had not yet been set;
WHEREAS the Evaluator is unavailable to conduct the ENE for most of July due to

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scheduling conflicts and vacation schedules, the Parties therefore desire to extend the date by

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which the ENE is to be completed to August 23, 2013, and to continue the further case

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management conference to a date thereafter, or September 5, 2013.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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That the Court's Case Management Order be modified such that an Early Neutral

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Evaluation is to be completed by August 23, 2013, and the further case management conference is

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continued to September 5, 2013.

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Dated: June 17, 2013

LAFAYETTE & KUMAGAI LLP

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/s/ Rebecca K. Kimura
REBECCA K. KIMURA
Attorneys for Defendant
AT&T UMBRELLA BENEFIT PLAN NO. 1

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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT ORDER
(Case No. 3:12-CV-06318 RS)

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Dated: June 17, 2013

LAW OFFICES OF LAURENCE F. PADWAY

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/s/ Laurence F. Padway
LAURENCE F. PADWAY
Attorneys for Plaintiff
DIANA JAMES

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ORDER

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The Court, having reviewed the Parties’ Stipulation to Modify the Case Management

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Order, and good cause appearing, hereby modifies the existing Case Management Order and

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adopts the deadlines provided above. The Early Neutral Evaluation shall be completed by August
19, 2013
23, 2013, and the further case management conference shall be continued to September 5, 2013.

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IT IS SO ORDERED.

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FAX

[phone]
[phone]

600
94105
SAN FRANCISCO, CALIFORNIA

ATTORNEYS AT LAW

SPEAR STREET, SUITE

100

LAFAYETTE & KUMAGAI LLP

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6/19/13
DATED: ________________________

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_____________________________________
Honorable Richard Seeborg
United States District Judge

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CERTIFICATE OF SERVICE
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I certify that a copy of this document was served electronically on June 17, 2013, on
counsel of record in compliance with Federal Rule 5, Local Rule 5.6 and General Order 45, by use
of the Court’s ECF system.
/s/ Rebecca K. Kimura
REBECCA K. KIMURA

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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT ORDER
(Case No. 3:12-CV-06318 RS)

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