Trecartin v. UNUM Life Insurance Company of America et al

Filing 30

ORDER GRANTING STIPULATION TO CONTINUE 29 . Case Management Statement due by 1/2/2015. Case Management Conference set for 1/7/2015 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 11/7/2014. (lmh, COURT STAFF) (Filed on 11/7/2014)

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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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Daniel W. Maquire 120002
Kristin P. Kyle de Bautista 221750
Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
213-236-0600

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Attorneys for Defendants
UNUM Life Insurance Company of America and
Provident Life and Accident Insurance Company

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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
STIPULATION AND PROPOSED
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND RELATED DEADLINES

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1.

This is an ERISA long term disability case in which the case management

conference is set for November 12, 2014.

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2. The complaint in this matter was filed on October 29, 2013.

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3. Pursuant to plaintiff’s requests, the Court has granted several continuances of the

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Stipulation and [Proposed] Order

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Case No: 13-05024 NC

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case management conference so that the parties could engage in settlement discussions.

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4. As of today’s date, discussions are ongoing between plaintiff’s counsel and in-house

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counsel for defendants. These discussions are further detailed in the status report plaintiff

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filed on September 11, 2014. (See, Dk. # 21.)

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5. Pursuant to the Court’s previous order of July 9, 2014, defendants have been served

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with the complaint (by way of waivers of service filed on September 2, 2014). They filed their

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answer to the complaint on November 3, 2014.

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6. As noted above, the case management conference is currently set for November
12, 2014.

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7. The administrative record in this case consists of approximately three thousand

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pages of documents. Defense counsel, being recently retained in this matter, requires further

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time to familiarize themselves with its contents.

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8.

Additionally, as noted above, negotiations between plaintiff’s counsel and

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defendants’ in-house counsel are continuing, and the parties would like to continue their

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efforts to settle this matter without incurring unnecessary legal fees.

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9. In light of the forgoing, the parties jointly request that the case management

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conference and associated dates be continued f or approximately sixty (60) additional days.

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Respectfully submitted,

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ROBOOSTOFF & KALKIN

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Dated: November 4, 2014

By:

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/s/
Scott Kalkin
Attorneys for Plaintiff

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Stipulation and [Proposed] Order

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Case No: 13-05024 NC

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BURKE, WILLIAMS & SORENSEN, LLP

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Dated: November 4, 2014

By:
/s/
Kristin P. Kyle de Bautista
Attorneys for Defendants
UNUM Life Insurance Company of America
and Provident Life and Accident Insurance
Company

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PROPOSED ORDER
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Good cause having been shown, the Court hereby continues the case management
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conference until January 7, 2015 at 10:00 a.m. The parties shall file a joint case management
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January 2, 2015

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S

UNIT
ED

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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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R NIA

ANTED
GRNathanael Cousins
The Honorable

Dated: November 7, 2014

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IT IS SO ORDERED.

S DISTRICT
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conference statement by
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D IS T IC T O
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Stipulation and [Proposed] Order

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Case No: 13-05024 NC