Mahan v. UNUM Life Insurance Company of America

Filing 123

Order by Hon. Vince Chhabria granting 122 Stipulation to Continue the Hearing of Cross-Motions for Summary Judgment and Related Deadlines.(knm, COURT STAFF) (Filed on 3/26/2015)

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RIMAC MARTIN, P.C.
Anna M. Martin – CSBN 154279
[e-mail]
William Reilly – CSBN 177550
[e-mail]
1051 Divisadero Street
San Francisco, CA 94115
Telephone: [phone]
Facsimile: 415.561-8430

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Attorneys for Defendant
UNUM LIFE INSURANCE COMPANY OF AMERICA
Samuel F. Barnum
LAW OFFICES OF SAMUEL F. BARNUM
4302 Redwood Highway, Suite 100
San Rafael, CA 94903
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
NANCY MAHAN

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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NANCY MAHAN,

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Plaintiff,
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v.
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UNUM LIFE INSURANCE COMPANY OF )
AMERICA,
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Defendant.
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Case No. 3:13-cv-04803 VC
STIPULATION AND ORDER TO
CONTINE THE HEARING OF CROSSMOTIONS FOR SUMMARY
JUDGMENT AND RELATED
DEADLINES

Plaintiff, Nancy Mahan and Defendant, Unum Life Insurance Company of America by
and through their counsel of record hereby stipulate as follows:
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STIPULATION AND ORDER TO CONTINE THE DATE FOR CROSS-MOTIONS FOR SUMMARY
JUDGMENT AND RELATED DEADLINES

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Case No. 3:13-cv-04803 VC

On October 14, 2014, this Court granted the parties Stipulation and Order to continue the

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Deadline to Complete the Mandatory Settlement Conference and to Continue the Dates for the

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Cross-Motions for Summary Judgment and set the following briefing schedule:

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Plaintiff’s opening brief in support of her motion for summary judgment will be
filed on or before March 12, 2015;
Defendant’s opening cross-motion and opposition brief will be filed on or before
March 26, 2015;
Plaintiff’s reply and opposition brief will be filed on or before April 9, 2015;
Defendant’s reply brief will be filed on or before April 16, 2015; and
The cross-motions will be heard on April 30, 2015.

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On October 27, 2014 and twice on December 23, 2014 the parties filed stipulations and

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orders modifying the discovery cut-off and the settlement conference schedule, all of which were

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entered as Orders.

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On March 13, 2014, defendant’s counsel reviewed the Orders and mistakenly determined
that defendant’s opposition brief was due to be filed on or before April 9, 2015. Upon checking
the Docket on March 25, 2015, defendant’s counsel realized his mistake and immediately called

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plaintiff’s counsel who courteously agreed to continue all of the dates.

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As such, the parties stipulate to continue the briefing schedule as follows:

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Defendant’s opening cross-motion and opposition brief will be filed on or before April 9,

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2015;
Plaintiff’s reply and opposition brief will be filed on or before April 23, 2015;
Defendant’s reply brief will be filed on or before April 30, 2015; and

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The cross-motions will be heard on May 14, 2015.
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STIPULATION AND ORDER TO CONTINE THE DATE FOR CROSS-MOTIONS FOR SUMMARY
JUDGMENT AND RELATED DEADLINES

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Case No. 3:13-cv-04803 VC

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GOOD CASUE EXISTS for this brief continuance due to defendant’s counsel’s mistake,

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inadvertence or excusable neglect.

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SO STIPULATED.

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RIMAC MARTIN, P.C.
DATED: March 25, 2015

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By: /s/ William Reilly
WILLIAM REILLY
Attorneys for Defendant
UNUM LIFE INSURANCE COMPANY OF
AMERICA

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LAW OFFICES OF SAMUEL F. BARNUM

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DATED: March 25, 2014

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By: /s/ Samuel F. Barnum
SAMUEL F. BARNUM
Attorneys for Plaintiff
NANCY MAHAN

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IT IS SO ORDERED.

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Dated: March 26, 2015

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HON. VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO CONTINE THE DATE FOR CROSS-MOTIONS FOR SUMMARY
JUDGMENT AND RELATED DEADLINES

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Case No. 3:13-cv-04803 VC