Del Gallego v. Wells Fargo & Company Long Term Disability Plan et al

Filing 27

Order as Modified by Hon. Vince Chhabria granting 26 Stipulation to Modify Briefing Schedule for Cross-Motions for Judgment.(knm, COURT STAFF) (Filed on 11/5/2014)

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SEDGWICK LLP
REBECCA A. HULL Bar No. 99802
[e-mail]
MARK J. HANCOCK Bar No. 160662
[e-mail]
333 Bush Street, 30th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JOHN DEL GALLEGO,
Case No. C13-4518 VC

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Plaintiff,
v.

STIPULATION TO MODIFY BRIEFING
SCHEDULE FOR CROSS-MOTIONS FOR
WELLS FARGO & COMPANY LONG TERM JUDGMENT AND [PROPOSED] ORDER
DISABILITY PLAN, and METROPOLITAN
AS MODIFIED
LIFE INSURANCE COMPANY,
Defendant.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff John Del

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Gallego and defendants Wells Fargo & Company LTD Disability Plan and Metropolitan Life
Insurance Company (“defendants”), by and through their respective counsel of record, as
follows:
1.

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SF/2580223v1

On October 24, 2014, the Court issued its order (ECF 25) adopting a briefing

schedule previously proposed by the parties, under which plaintiff’s opening brief would be due
on October 20, 2014, defendants’ opposition and cross-motion brief would be due on October
27, 2014, plaintiff’s reply and opposition to defendants’ cross-motion would be due on
November 3, 2014, and the matter would be heard as a half-day bench trial on December 10,
2014.
2.

On Wednesday, October 22, 2014, the attorney responsible for preparing

MetLife’s briefs, Rebecca Hull, experienced a family medical emergency when her spouse
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Case No. C13-4518 VC
STIPULATION AND [PROPOSED] ORDER FOR FURTHER MODIFICATION OF
BRIEFING SCHEDULE

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sustained a severe back injury, which ultimately necessitated a lengthy hospital visit on Saturday,
October 25, and has required most of her time and attention since October 22, making it
impossible to complete the opening brief for MetLife in time for filing on October 27, 2014,
under the current schedule. Upon discussion with counsel for plaintiff, the parties have agreed to
the following extension of the current dates in light of this unexpected development and its
anticipated duration to at least Wednesday, October 29, 2014, and request that the Court approve
and adopt such dates:
a.

Plaintiff’s opening brief, October 20, 2014 [already filed].

b.

Defendants’ brief in opposition to plaintiff’s motion and in support of defendants’

cross-motion, November 6, 2014;
c.

Plaintiff’s reply in support of plaintiff’s motion and opposition to defendants’

cross-motion, November 17, 2014;
d.

Defendants’ reply in support of their cross-motion, November 24, 2014;

e.

Hearing/bench trial on December 10, 2014, as currently scheduled, or at the

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Court’s convenience.
IT IS SO STIPULATED.

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DATED: October 26, 2014

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By: /s/ Laurence F. Padway (as authorized on 10/27/14)
Laurence F. Padway
Attorneys for Plaintiff
John Del Gallego

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LAW OFFICES OF LAURENCE F. PADWAY

DATED: October 26, 2014

SEDGWICK LLP

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By: /s/ Rebecca A. Hull
Rebecca A. Hull
Mark J. Hancock
Attorneys for Defendants

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SF/2580223v1

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Case No. C13-4518 VC
STIPULATION AND [PROPOSED] ORDER FOR FURTHER MODIFICATION OF
BRIEFING SCHEDULE

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ORDER

AS MODIFIED

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DIFIE

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J u d ge V

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Chhabr

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VINCE CHHABRIA DERED
United States S SO OR
IT I District Judge D

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November 4, 2014
Date: _____________

S DISTRICT
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ORDERED.

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Upon the stipulation of the parties and good cause appearing therefor, IT IS SO

UNIT
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SF/2580223v1

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Case No. C13-4518 VC