Perani v. Autodesk, Inc. et al

Filing 38

STIPULATION AND ORDER re 34 STIPULATION Continuing Case Management Conference filed by Autodesk, Inc. Employee Welfare Plan, Autodesk, Inc. Long Term Disability Plan, Aetna Life Insurance Co. Case Management Statement due by 3/18/2014. Initial Case Management Conference set for 3/25/2014 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 2/19/2014. (knm, COURT STAFF) (Filed on 2/19/2014)

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1 2 3 4 5 6 7 8 9 10 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 12 13 14 JORDAN S. ALTURA (SBN: 209431) jaltura@gordonrees.com DAWN N. VALENTINE (SBN: 206486) dvalentine@gordonrees.com GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 Attorneys for Defendants AUTODESK, INC. LONG-TERM DISABILITY PLAN, AUTODESK, INC. EMPLOYEE WELFARE PLAN, and AETNA LIFE INSURANCE CO. GEOFFREY V. WHITE (SBN: 068012) gvwhite@sprynet.com LAW OFFICE OF GEOFFREY V. WHITE 351 California Street, Suite 1500 San Francisco, CA 94104 Telephone: (415 362-5658 Facsimile: (415) 362-4115 Attorneys for Plaintiff MICHAEL PERANI 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 23 24 25 26 MICHAEL PERANI, ) ) Plaintiff, ) ) vs. ) ) AUTODESK, INC. A LONG-TERM DISABILITY ) PLAN; AUTODESK, INC. EMPLOYEE ) WELFARE PLAN; and AETNA LIFE ) INSURANCE CO., a Connecticut corporation, ) ) Defendants. ) ) ) CASE NO. CV 13 2260 EDL CASE MANAGEMENT CONFERENCE STATEMENT and STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AS MODIFIED Date: Time: Loc: Hon: February 25, 2014 3:00 p.m. Courtroom E, 15th Floor Judge Laporte Trial Date: September 22, 2014 Pursuant to the Court’s Order of February 4, 2014, Plaintiff MICHAEL PERANI 27 (“Plaintiff”) and Defendants AUTODESK INC. LONG-TERM DISABILITY PLAN, 28 AUTODESK, INC. EMPLOYEE WELFARE PLAN, and AETNA LIFE INSURANCE CO. -1CASE NO. CV 13 2260 EDL STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE 1 (“Defendants”) (collectively, the “Parties”) hereby submit the following Case Management 2 Statement. 3 A settlement agreement has been reached between the Parties that resolves the 4 substantive issues of the litigation. Aetna has agreed to reinstate long term disability benefits 5 and to pay back benefits. 6 The only issue that remains outstanding between the Parties is that of attorneys’ fees 7 owed Plaintiff’s counsel. While Parties remain optimistic that they will achieve a satisfactory 8 compromise on this issue, it may become necessary to involve the Court through a fee motion. 9 In light of the posture of the case and the Parties’ progress in achieving full settlement between them, the Parties do not believe that appearance at a Case Management Conference is 11 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 10 warranted or would benefit the Action’s progress. The Parties respectfully request that the Court 12 continue the Case Management Conference to March 25, 2014 pending notice of dismissal or 13 unless or until a fee motion is filed. 14 15 Dated: February 18, 2014 LAW OFFICE OF GEOFFREY V. WHITE 16 17 By /s/ Geoffrey V. White Geoffrey V. White Attorneys for Plaintiff MICHAEL PERANI 18 19 20 21 Dated: February 18, 2014 GORDON & REES LLP 22 23 24 25 26 27 By /s/ Dawn N. Valentine Jordan S. Altura Dawn N. Valentine Attorneys for Defendants AUTODESK, INC. LONG-TERM DISABILITY PLAN, AUTODESK, INC. EMPLOYEE WELFARE PLAN, and AETNA LIFE INSURANCE CO. 28 -2CASE NO. CV 13 2260 EDL STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Dawn N. Valentine, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with Local Rule 5-1(i), I hereby attest that Geoffrey V. White, counsel for Plaintiff Michael Perani, has concurred in this filing. 3 4 5 Dated: February 18, 2014 GORDON & REES LLP 6 By /s/ Dawn N. Valentine Jordan S. Altura Dawn N. Valentine Attorneys for Defendants AUTODESK, INC. LONG-TERM DISABILITY PLAN, AUTODESK, INC. EMPLOYEE WELFARE PLAN, and AETNA LIFE INSURANCE CO. 7 8 9 10 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 12 13 14 15 16 ORDER Pursuant to the foregoing Joint Status Conference Statement and Stipulation, the Case 10:00 a.m. Management Conference in this matter is continued to March 25, 2014 at 3:00 p. m. 18 The parties are ordered to file an updated joint case management conference 19 statement no later than March 18, 2014. 20 Dated: February 19, 2014 26 ER R NIA FO Laporte LI . zabeth D udge Eli J A H 25 RT 24 IT IS IFIED S MOD A NO 23 ___________________________________ Hon. Elizabeth D. Laporte D United States Chief ORDERE Judge SO Magistrate UNIT ED 22 S DISTRICT TE C TA RT U O 21 S 17 N F D IS T IC T O R C 27 1088513/18569178v.1 28 -3CASE NO. CV 13 2260 EDL STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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