Trecartin v. UNUM Life Insurance Company of America et al

Filing 10

ORDER GRANTING Second Ex Parte Application to Continue 9 . Initial Case Management Conference set for 5/28/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 3/18/14. (lmh, COURT STAFF) (Filed on 3/18/2014)

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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 Richard Trecartin
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Richard Trecartin,

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Plaintiff,

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v.

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UNUM Life Insurance Company of
America, and Provident Life and
Accident Insurance Company,

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Defendants.

ACTION NO.: C 13-05024 NC
EX PARTE APPLICATION
AND [PROPOSED] ORDER
TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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I, Scott Kalkin, counsel for plaintiff in the above-referenced matter, hereby make the
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following ex parte application to the Court.
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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 29, 2014.
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2. The complaint in this matter was filed on October 29, 2013.
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3. On October 30, 2013, plaintiff’s counsel received a call from Marybeth Fougere, in24
house counsel for both of the defendants in this matter. She informed me that she had
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become aware that suit in this matter had been filed.
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Ex Parte Application

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Case No: 13–05024 NC

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4. During the course of our conversation we discussed whether it would be worthwhile

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to attempt to resolve this matter without the necessity of service of the complaint or defendants

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incurring the cost of retaining outside counsel. We agreed to attempt to do so.

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5. As such, I filed a request that the Court continue the case management conference
until March 26, 2014. That request was granted on January 21, 2014.

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6. The parties have continued their negotiations, however, defendants’ counsel is

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currently having certain financial information provided to her by plaintiff’s counsel evaluated

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by a CPA. Once this evaluation is complete, settlement discussions can continue. As such

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the parties require more time to complete their negotiations.

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7. Given the parties’ desire to continue their settlement discussions prior to defendants

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having to engage outside counsel to file a response to the complaint, it is requested that the

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case management conference and associated dates set forth in the Court’s Scheduling Order

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be continued for approximately sixty (60) days.

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

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Scheduled

Proposed

3-5-14

5-5-14

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Meet and Confer re:
Initial Disclosures
and ADR

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Complete Disclosures

3-19-14

5-19-14

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Case Management
Conference

3-26-14

5-28-14

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9. In light of the forgoing, good cause exists for the continuance and it is requested that

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

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convenient to the Court.

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//

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//

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Ex Parte Application

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Case No: 13–05024 NC

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I declare that the forgoing is true and correct to the best of my knowledge and that this
declaration was made at San Francisco, California.

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Respectfully submitted,

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ROBOOSTOFF & KALKIN

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Dated: March 18, 2014

By:

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/s/
Scott Kalkin
Attorneys for Plaintiff

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

RT

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ER

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M. Cousin

s

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thanael
Judge Na

R NIA

NO

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FO

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The HonorableNTE
GRA Nathanael Cousins

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Dated: March 18, 2014

UNIT
ED

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RT
U
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IT IS SO ORDERED.
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S DISTRICT
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F
D IS T IC T O
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Ex Parte Application

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Case No: 13–05024 NC