Dan Kromat-v-The Group Benefits Plan of Varian Medical

Filing 10

ORDER GRANTING STIPULATION 9 . Initial Case Management Conference set for 2/26/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Plaintiff must file consent or declination to proceed before magistrate judge by 12/27/2013. Signed by Judge Nathanael Cousins on 12/13/13. (lmh, COURT STAFF) (Filed on 12/13/2013)

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Scott Kalkin 120791
ROBOOSTOFF & KALKIN
A Professional Law Corporation
369 Pine Street, Suite 820
San Francisco, California 94104
[phone]

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Attorney for Plaintiff Dan Kromat
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Dan Kromat,

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Plaintiff,

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v.

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Metropolitan Life Insurance Company
as Administrator and Fiduciary
of the Group Benefits Plan of Varian Medical
Systems, Inc., and The Group Benefits Plan
of Varian Medical Systems, Inc.,

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Defendants.

ACTION NO.: 13-CV-04678 NC
STIPULATION AND PROPOSED
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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1. This is an ERISA long term disability case in which the Court has set the initial case
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management conference for January 8, 2014, at 10:00 a.m.
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2. Plaintiff’s counsel has sent requests for waiver of service of summons to both
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defendants, Varian and MetLife.

He was contacted by MetLife’s in-house counsel on

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December 2, 2013.
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3. The parties would like to engage in settlement discussions prior to defendants
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Stipulation and [Proposed] Order

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Case No: 13-4678 NC

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having to engage outside counsel to file a formal response to the complaint. Thus, the parties

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request that the case management conference and associated dates set forth in the Court’s

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Scheduling Order be continued for approximately forty five (45) days.

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4. The currently scheduled and proposed dates are as f ollows:

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Scheduled

Proposed

12-18-13

2-3-14

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Meet and Confer re:
Initial Disclosures
and ADR

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Complete Disclosures

1-1-14

2-14-14

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Case Management
Conference

1-8-14

2-26-14

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5. Should the parties be unsuccessful in settling this matter, defendants will file a

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response to the complaint prior to the new Case Management Conference date without the

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need for formal service of the summons and complaint.

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6. In light of the forgoing, good cause exists for the continuance. The parties request

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that the Court modify its Scheduling Order as set forth above, or to some time thereafter,

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convenient to the Court and the parties.

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Respectfully submitted,

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ROBOOSTOFF & KALKIN

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Dated: December 12, 2013

By:

Dated: December 12, 2013

By:
/s/
Michelle McAloon Constandse
Corporate Counsel
MetLife Legal Affairs

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/s/
Scott Kalkin
Attorneys for Plaintiff

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Stipulation and [Proposed] Order

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Case No: 13-4678 NC

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PROPOSED ORDER
Good cause having been shown, the Court hereby modifies its Scheduling Order as set

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forth above. Plaintiff must file a consent or declination to proceed before magistrate judge by

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12/27/2013. Forms can be found on the Court's website at www.cand.uscourts.gov

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IT IS SO ORDERED.

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RT

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thanael M
Judge Na

ER

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A

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. Cousins

R NIA

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LI

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TED

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UNIT
ED

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GRAN

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RT
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S DISTRICT
TE Nathanael Cousins
C
The Honorable
TA

Dated: December 13, 2013

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D IS T IC T O
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Stipulation and [Proposed] Order

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Case No: 13-4678 NC