Caldwell et al v. Facet Retiree Medical Plan et al

Filing 62

ORDER DENYING DEFENDANTS' MOTION TO STAY BRIEFING SCHEDULE AND SETTING MOTION HEARING FOR 3/13/2014 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Signed by Judge Alsup on 1/28/2014. (whalc3, COURT STAFF) (Filed on 1/28/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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PATRICK CALDWELL, FRAN
CHARLSON, DOUGLAS EBERSOLE,
and CARY QUEEN,

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Plaintiffs,

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No. C 13-00385 WHA

v.

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FACET RETIREE MEDICAL PLAN, and
TIMOTHY RICHMOND, AS PLAN
ADMINISTRATOR OF THE FACET
RETIREE MEDICAL PLAN,

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ORDER DENYING
DEFENDANTS’ MOTION TO
STAY BRIEFING SCHEDULE

Defendants.

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/

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In this ERISA action inherited from Judge Maxine Chesney, defendants move to stay the

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briefing schedule on plaintiffs’ motion for judgment because of a discovery dispute currently

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pending before Magistrate Judge Elizabeth Laporte.

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The Court will allow the briefing schedule on the anticipated cross-motions for judgment

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to continue as outlined by Judge Chesney’s prior order (Dkt. No. 33). Local Rule 7–7(d). Thus,

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defendant’s motion to stay the briefing schedule is DENIED. If plaintiffs also wish to stay the

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briefing schedule, both parties may file a joint stipulation to stay the briefing schedule. As

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plaintiffs have re-noticed their motion, defendants’ opposition is due by January 31, 2014, and

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plaintiffs’ reply is due by February 14, 2014 (Dkt. No. 61). The motion hearing will be held on

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MARCH 13, 2014, AT 8:00A.M.

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Nothing in this scheduling order is intended to interfere with the discovery proceedings

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currently pending before Judge Laporte or amend the previous order assigning all discovery

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disputes to Judge Laporte.

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IT IS SO ORDERED.

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Dated: January 28, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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