Trecartin v. UNUM Life Insurance Company of America et al

Filing 20

ORDER GRANTING Fourth Ex Parte Application to Continue Case Management Conference 19 . Plaintiff must file an updated report about the status of the settlement negotiations by 9/24/2014. Case Management Conference set for 11/12/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 9/4/2014. (lmh, COURT STAFF) (Filed on 9/4/2014)

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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.

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6. A second request to continue the case management conference to May 28, 2014,

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was granted on March 18, 2014, and a third request was filed on May 22, 2014, and granted

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the following day.

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7. On July 9, 2014, plaintiff’s counsel appeared before the Court in response to an

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order to show cause it issued. At the hearing, the Court ordered that plaintiff’s deadline to

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serve defendants was extended until September 10, 2014.

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8. Since counsel’s last court appearance the parties have continued their negotiations.

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As noted on counsel’s last report to the Court, during the course of defendants’ counsels’

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

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additional financial information was made, which plaintiff has now provided. Based upon

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discussions with defendants’ in-house counsel that took place last week, plaintiff expects to

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receive a settlement offer within the next few days, once defendants’ CPA finishes a review

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of the information provided.

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9. In compliance with the Court’s Order, defendants were presented with a waiver of

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service of process, which both defendants have executed. Those waivers were filed with the

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Court on September 2, 2014. (See Dk #’s 17 and 18.)

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10. Defendants’ response to the complaint is currently due on or before, October 27,
2014.
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Given the parties’ desire to continue their settlement discussions prior to

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defendants having to file a response to the complaint, it is requested that the case

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management conference and associated dates be continued for approximately sixty (60) days.

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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: September 3, 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 orders that the Case Management
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Conference currently set for September 10, 2014 is continued until November 12, 2014 .
Plaintiff must file an updated report about the status of the settlement negotiations by September 24, 2014.

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IT IS SO ORDERED.
Dated: September 4, 2014

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NO

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RT

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thanael M
Judge Na

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. Cousins

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IT IS S
IFIED
S MOD
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R NIA

ERE
The Honorable Nathanael Cousins
O ORD

LI

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UNIT
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S DISTRICT
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Ex Parte Application

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Case No: 13–05024 NC