Trecartin v. UNUM Life Insurance Company of America et al

Filing 12

ORDER GRANTING Third Ex Parte Application to Continue 11 AS MODIFIED. Case Management Conference set for 6/25/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/23/14. (lmh, COURT STAFF) (Filed on 5/23/2014)

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1 2 3 Scott Kalkin 120791 ROBOOSTOFF & KALKIN A Professional Law Corporation 369 Pine Street, Suite 820 San Francisco, California 94104 (415) 732-0282 4 Attorney for Plaintiff Richard Trecartin 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 Richard Trecartin, 13 ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, 14 v. 15 UNUM Life Insurance Company of America, and Provident Life and Accident Insurance Company, 16 17 Defendants. ACTION NO.: C 13-05024 NC EX PARTE APPLICATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AS MODIFIED 18 I, Scott Kalkin, counsel for plaintiff in the above-referenced matter, hereby make the 19 following ex parte application to the Court. 20 1. This is an ERISA long term disability case in which the Court had set the initial case 21 management conference for January 29, 2014. 22 2. The complaint in this matter was filed on October 29, 2013. 23 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 25 become aware that suit in this matter had been filed. 26 27 28 Ex Parte Application 1 Case No: 13–05024 NC 1 4. During the course of our conversation we discussed whether it would be worthwhile 2 to attempt to resolve this matter without the necessity of service of the complaint or defendants 3 incurring the cost of retaining outside counsel. We agreed to attempt to do so. 4 5 6 7 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. 6. A second request to continue the case management conference to May 28, 2014, was granted on March 18, 2014. 8 6. The parties have continued their negotiations, however, during the course of 9 defendants’ review of certain financial information provided to her by plaintiff’s counsel, a 10 request for additional financial information was made, which plaintiff is attempting to compile. 11 Once this information is provided and defendants’ evaluation of it is complete, settlement 12 discussions can continue. 13 negotiations. As such the parties require more time to complete their 14 7. Given the parties’ desire to continue their settlement discussions prior to defendants 15 having to engage outside counsel to file a response to the complaint, it is requested that the 16 case management conference and associated dates set forth in the Court’s Scheduling Order 17 be continued for approximately sixty (60) days. 18 8. The currently scheduled and proposed dates are as f ollows: 19 Scheduled Proposed 5-5-14 7-7-14 6/9/14 21 Meet and Confer re: Initial Disclosures and ADR 22 Complete Disclosures 5-19-14 7-21-14 6/16/14 23 Case Management Conference 5-28-14 7-30-14 6/25/14 at 10:00am 20 24 25 9. In light of the forgoing, good cause exists for the continuance and it is requested that 26 the Court modify its Scheduling Order as set forth above, or to some time thereafter which is 27 28 Ex Parte Application 2 Case No: 13–05024 NC 1 2 3 convenient to the Court. 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. 4 Respectfully submitted, 5 ROBOOSTOFF & KALKIN 6 7 8 Dated: May 22, 2014 By: 9 /s/ Scott Kalkin Attorneys for Plaintiff 10 11 PROPOSED ORDER 12 Good cause having been shown, the Court hereby modifies its Scheduling Order as set 13 forth above., as modified. 14 IT IS SO ORDERED. S UNIT ED Dated: May 23, 2014 18 O IT IS S DIFIED A S MO NO 19 RT 20 thanael Judge Na 21 22 s A H ER M. Cousin FO 17 R NIA The Honorable Nathanael ED ORDER Cousins LI 16 RT U O 15 S DISTRICT TE C TA N D IS T IC T R OF C 23 24 25 26 27 28 Ex Parte Application 3 Case No: 13–05024 NC

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