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

Filing 13

ORDER GRANTING STIPULATION TO CONTINUE 12 . Initial Case Management Conference set for 3/26/2014 02:00 PM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 2/19/14. (lmh, COURT STAFF) (Filed on 2/19/2014)

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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 had set the initial case
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management conference for January 8, 2014, at 10:00 a.m.
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2. Pursuant to the parties’ request, on or about December 13, 2013, the Court
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continued the case management conference until February 26, 2013, in order to allow the
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parties to engage in settlement negotiations.
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Stipulation and [Proposed] Order

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Case No: 13-4678 NC

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3. The parties have been unable to conclude their negotiations because in-house
counsel for defendants has been, and still is, in trial.

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4. Plaintiff’s counsel expects to receive a response to his settlement demand from
defense counsel within the next several days.

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5. In light of the forgoing and the parties’ desire to continue their settlement discussions

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prior to defendants having to engage outside counsel to file a formal response to the

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complaint, the parties request that the case management conference and associated dates

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set forth in the Court’s December 13, 2013, Order be continued for approximately thirty (30)

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additional days.

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

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Scheduled

Proposed

2-3-14

3-3-14

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Meet and Confer re:
Initial Disclosures
and ADR

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Complete Disclosures

2-14-14

3-14-14

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Case Management
Conference

2-26-14

3-26-14 at 2:00 p.m.

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Stipulation and [Proposed] Order

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Case No: 13-4678 NC

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

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that the Court modify its current scheduling order as set forth above, or to some time

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thereafter, convenient to the Court and the parties.

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Respectfully submitted,

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ROBOOSTOFF & KALKIN

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Dated: February 18, 2014

By:

Dated: February 18, 2014

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

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/s/
Scott Kalkin
Attorneys for Plaintiff

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IT IS SO ORDERED.

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Dated: February 19, 2014

TED

GRAN

The Honorable Nathanael Cousins

NO

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RT

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thanael
Judge Na

H

ER

M. Cousin

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s

FO

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UNIT
ED

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RT
U
O

S

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S DISTRICT
TE
C
TA

R NIA

forth above.

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

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PROPOSED ORDER

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D IS T IC T
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OF

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Stipulation and [Proposed] Order

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Case No: 13-4678 NC