Ortega v. Wells Fargo & Company Short Term Disability Plan

Filing 24

ORDER granting as modified 23 STIPULATION TO CONTINUE MOTION FOR SUMMARY JUDGMENT. Responses due by 1/10/2014. Replies due by 1/17/2014. Motion Hearing set for 2/21/2014 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 12/2/13. (jjoS, COURT STAFF) (Filed on 12/2/2013)

Case3:13-cv-02866-JSW Document23 Filed11/18/13 Page1 of 2

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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MICHAEL D. BRUNO (SBN: 166805)
MARCIE ISOM FITZSIMMONS (SBN: 226906)
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
WELLS FARGO & COMPANY SHORT TERM DISABILITY PLAN
JAMES P. KEENLEY (SBN: 253106)
EMILY A. BOLT (SBN: 253109)
BOLT KEENLEY – ATTORNEYS AT LAW
1010 Grayson Street, Suite 2
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
GARY ORTEGA

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UNITED STATES DISTRICT COURT

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NORTHERN OF CALIFORNIA

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GARY ORTEGA

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Plaintiff,

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vs.
WELLS FARGO & COMPANY SHORT TERM
DISABILITY PLAN
Defendant.

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CASE NO. C13-2866-JSW
STIPULATION TO CONTINUE
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

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-1Stipulation and [Proposed] Order to Continue Motion for Summary Judgment

Case3:13-cv-02866-JSW Document23 Filed11/18/13 Page2 of 2

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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THE PARTIES, BY AND THROUGH THEIR ATTORNEYS OF RECORD, hereby stipulate as
follows and request the following relief from the Court:
(1) Plaintiff agrees to Defendants’ request to continue the hearing on its Motion for
Summary Judgment currently set for December 13, 2013 to January 31, 2014 or as
soon thereafter as the Court may hear it.
(2) Plaintiff’s opposition to the motion and Defendant’s reply shall be continued
accordingly as well.
(3) The parties anticipate that the case will be dismissed prior to the new hearing date and
are continuing this motion only in an abundance of caution.

Respectfully submitted,

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Dated: November 18, 2013

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GORDON & REES LLP
By:

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/s/ Marcie Isom Fitzsimmons
Marcie Isom Fitzsimmons
Attorney for Defendant

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Dated: November 18, 2013

BOLT KEENLEY – ATTORNEYS AT LAW

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/s/ James P. Keenley
James P. Keenley
Attorney for Plaintiff
Pursuant to the parties stipulation, the Court HEREBY CONTINUES the hearing date to February
21, 2014. If the parties have not dismissed the case before then, Plaintiff's opposition shall be filed by
IT IS SO ORDERED. no later than January 10, 2014 and Defendant's opposition shall be filed by no
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later than January 17, 2013. IT IS SO ORDERED.

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December
DATED: _________2, 2013

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By:

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Hon. Jeffrey White
United States District Judge

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1090129/17437830v.1

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-2Stipulation and [Proposed] Order to Continue Motion for Summary Judgment