Knipping v. Crowley Holdings, Inc. et al

Filing 11

SECOND STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER COMPLAINT. Signed by Judge Richard Seeborg on 7/31/13. (cl, COURT STAFF) (Filed on 7/31/2013) Modified on 7/31/2013 (cl, COURT STAFF).

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Sean P. Nalty (SBN 121253)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendants
SUN LIFE ASSURANCE COMPANY OF CANADA
AND CROWLEY HOLDINGS INC. EMPLOYEE
BENEFIT PLAN

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Robert J. Rosati (SBN 112006)
[e-mail]
Thornton Davidson (SBN 166487)
[e-mail]
ERISA LAW GROUP
2055 San Joaquin Street
Fresno, CA 93721
Telephone:
559.256.9800
Facsimile:
559.256.9800
Attorneys for Plaintiff KAREN KNIPPING

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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KAREN KNIPPING

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Case No. 13-02474-RS

Plaintiff,
SECOND STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS TO ANSWER COMPLAINT

v.
CROWLEY HOLDINGS, INC., EMPLOYEE
BENEFIT PLAN; SUN LIFE ASSURANCE
COMPAY OF CANADA
Defendants.

Complaint Filed: June 3, 2013
Trial Date:
Judge:
Hon. Richard Seeborg

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Case No. 13-02474-RS
2ND STIPULATION & [PROPOSED] ORDER EXTENDING TIME FOR DEFS. TO ANSWER COMPLAINT

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Plaintiff Karen Knipping (""plaintiff") and defendants Sun Life Assurance Company of

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Canada and the Crowley Holding Inc. Employee Benefit Plan (“defendants”) (collectively "the

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Parties") hereby stipulate as follows:

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STIPULATION

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The Parties previously agreed that defendants could have an extension of time to August 1,

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2013, to answer Plaintiff’s Complaint for Declaratory Relief for LTD Benefits ("the Complaint").

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Recently, counsel in this matter had productive discussions about settlement of this matter and

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have agreed to try to resolve this matter within the next 30 days. The Complaint is long and

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complex and the parties agree that the possibility of settlement will be enhanced if defendants do

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not have to spend the time and resources drafting the answer to the complaint. Defendants want to

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focus on settlement.

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Accordingly the Parties hereby stipulate that defendants have until Monday, September 2,
2013 to file an answer in this matter.

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The parties also recognize that this matter cannot linger. There is a Case Management

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Conference scheduled for October 3, 2013. This extension will not impact the Case Management

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Conference or the Parties' preparation for the conference.

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Case No. 13-02474-RS
2ND STIPULATION & [PROPOSED] ORDER EXTENDING TIME FOR DEFS. TO ANSWER COMPLAINT

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

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DATED: July 30, 2013

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
BY: /s/ Sean P. Nalty__
Sean P. Nalty

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Attorneys for Defendants
SUN LIFE ASSURANCE COMPANY OF
CANADA & CROWLEY HOLDINGS, INC.
EMPLOYEE BENEFIT PLAN

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DATED: July 30, 2013

ERISA LAW GROUP

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By: /s/ Robert J. Rosati
Robert J. Rosati
Thornton Davidson

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Attorneys for Plaintiff KAREN KNIPPING
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ATTESTATION

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Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has

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been obtained from the other signatory.

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Dated: July 30, 2013

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OGLETREE, DEAKINS, NASH,
SMOAK & STEWART
By: /s/ Sean P. Nalty
Sean P. Nalty
Attorneys for Defendants
SUN LIFE ASSURANCE COMPANY OF
CANADA & CROWLEY HOLDINGS, INC.
EMPLOYEE BENEFIT PLAN

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Case No. 13-02474-RS
2ND STIPULATION & [PROPOSED] ORDER EXTENDING TIME FOR DEFS. TO ANSWER COMPLAINT

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ORDER
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Based on the stipulation of the Parties stated above, and Good Cause appearing therefore,
defendants have until September 2, 2013 to answer the Complaint in this matter.

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7/31/13
DATED: ______________________
Honorable Richard Seeborg
United States District Court Judge

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15590117.1

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Case No. 13-02474-RS
2ND STIPULATION & [PROPOSED] ORDER EXTENDING TIME FOR DEFS. TO ANSWER COMPLAINT