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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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
AS MODIFIED

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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.
6. A second request to continue the case management conference to May 28, 2014,
was granted on March 18, 2014.

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6. The parties have continued their negotiations, however, during the course of

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defendants’ review of certain financial information provided to her by plaintiff’s counsel, a

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request for additional financial information was made, which plaintiff is attempting to compile.

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Once this information is provided and defendants’ evaluation of it is complete, settlement

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discussions can continue.

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negotiations.

As such the parties require more time to complete their

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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

5-5-14

7-7-14

6/9/14

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Meet and Confer re:
Initial Disclosures
and ADR

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Complete Disclosures

5-19-14

7-21-14

6/16/14

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Case Management
Conference

5-28-14

7-30-14

6/25/14 at 10:00am

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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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Ex Parte Application

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Case No: 13–05024 NC

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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.

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Respectfully submitted,

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ROBOOSTOFF & KALKIN

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Dated: May 22, 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., as modified.
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IT IS SO ORDERED.

S

UNIT
ED

Dated: May 23, 2014

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O
IT IS S
DIFIED
A S MO

NO

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RT

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thanael
Judge Na

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s

A

H

ER

M. Cousin

FO

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R NIA

The Honorable Nathanael ED
ORDER Cousins

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RT
U
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S DISTRICT
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D IS T IC T
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OF

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Ex Parte Application

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Case No: 13–05024 NC