Mahan v. UNUM Life Insurance Company of America

Filing 62

STIPULATION AND ORDER 61 STIPULATION re 34 MOTION for Summary Judgment : Defendant Unum Life Insurance Company of America's Notice of Motion and Motion for Summary Judgment Or In The Alternative For Partial Summary Judgment. Amended Pleadings due by 6/19/2014. Motions due by 7/17/2014.Signed by Judge Vince Chhabria on 6/13/2014. (knm, COURT STAFF) (Filed on 6/13/2014)

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RIMAC MARTIN, P.C.
Anna M. Martin – CSBN 154279
[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
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
PERMIT PLAINTIFF TO FILE AN
AMENDED COMPLAINT AND FOR
THE WITHDRAWAL OF
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT WITHOUT
PREJUDICE

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Plaintiff, Nancy Mahan and Defendant, Unum Life Insurance Company of America by

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and through their counsel of record hereby stipulate that plaintiff can and will file an amended

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STIPULATION AND ORDER TO PERMIT PLAINTIFF TO FILE AN AMENDED
COMPLAINT AND FOR THE WITHDRAWL OF DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT WITHOUT PREJUDICE
Case No. 3:13-cv-04803 VC

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complaint in substantially the same form as the draft amended complaint that plaintiff forwarded

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defendants on June 12, 2014 and that defendant will withdraw its now pending motion for

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summary judgment, without prejudice such that defendant can file a new motion for summary

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judgment/partial summary judgment of the amended complaint. Plaintiff will file its amended

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complaint on or before June 19, 2014 and defendant will file its motion for summary

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judgment/partial summary judgment on or before July 17, 2014.

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GOOD CAUSE exists for the filing of the amended complaint because the amended

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complaint drastically reduces the issues raised in the case and to be resolved by the Court and the

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parties.

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SO STIPULATED.

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RIMAC MARTIN, P.C.
DATED: June 12, 2014

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By: /s/ Anna M. Martin
ANNA M. MARTIN
Attorneys for Defendant
UNUM LIFE INSURANCE COMPANY OF
AMERICA

LAW OFFICES OF SAMUEL F. BARNUM

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DATED: June 12, 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.
Dated: June 13, 2014
HON. VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO PERMIT PLAINTIFF TO FILE AN AMENDED
COMPLAINT AND FOR THE WITHDRAWL OF DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT WITHOUT PREJUDICE
Case No. 3:13-cv-04803 VC

CERTIFICATE OF SERVICE

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I am employed in the County of San Francisco, State of California. I am over the age of
18 and not a party to the within action. My business address is 1051 Divisadero Street, San
Francisco, California 94115.
On June 12, 2014 the following document is being filed electronically and will be
available for viewing and downloading from the Court’s CM/ECF system:
STIPULATION AND ORDER TO PERMIT PLAINTIFF TO FILE AN AMENDED
COMPLAINT AND FOR THE WITHDRAWAL OF DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT WITHOUT PREJUDICE

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The Notice of Electronic Case Filing Automatically generated by the system and sent to
all parties entitled to service under the Federal Rules of Civil Procedure and the Local Rules of
the Northern District of California who have consented to electronic service shall constitute
service of the filed document to all such parties.
Executed on June 12, 2014 at San Francisco, California.
I declare under penalty of perjury that I am employed in the office of a member of the bar
of this Court at whose direction the service was made and that the foregoing is true and correct.

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Arpi Balian
(Type or print name)

/s/ Arpi Balian
(Signature)

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CERTIFICATE OF SERVICE