Hegarty v. AT&T Umbrella Benefit Plan No. 1

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER to Continue the Last Day to File a Motion for Attorney's Fees and Case Management Statement filed by AT&T Umbrella Benefit Plan No. 1 Case Management Statement due by 9/17/2015. Further Case Management Conference set for 9/24/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/26/15. (bpf, COURT STAFF) (Filed on 6/26/2015)

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1 2 3 Law Offices of P. Randall Noah P. Randall Noah (State Bar No. 136452) 8 Camino Encinas, Suite 220 Orinda, CA 94563 Facsimile (925) 253-5542 Telephone (925) 253-5540 E-mail: pnoah@ix.netcom.com 4 5 Attorney for Plaintiff FREDERICK HEGARTY 6 7 8 9 10 11 12 LAFAYETTE & KUMAGAI LLP SUSAN T. KUMAGAI (State Bar No. 127667) REBECCA K. KIMURA (State Bar No. 220420) 100 Spear Street, Suite 600 San Francisco, Ca1ifomia 94105 Telephone: (415) 357-4600 Facsimile: (415) 357-4605 E-mail: skumagai@lkclaw.com E-mail: rkimura@lkclaw.com Attorneys for Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1 13 UNITED STATES DISTRICT COURT 14 FOR THE NORTHERN DISTRICT OF CALIFORNIA 15 16 FREDERICK HEGARTY, 17 18 19 20 Case No. C14-01976 EMC Plaintiff, vs. AT&T UMBRELLA BENEFIT PLAN NO. 1, STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE LAST DAY TO FILE A MOTION FOR ATTORNEY’S FEES AND CASE MANAGEMENT STATEMENT Defendants. Complaint Filed: April 29, 2014 21 22 23 Plaintiff Frederick Hegarty (“Plaintiff”) and Defendant AT&T Umbrella Benefit Plan No. 24 1 (the “Defendant”) (collectively referred to as the “Parties”) through their respective counsel 25 hereby stipulate as follows: 26 WHEREAS, on June 11, 2015, the Court issued an order denying Defendant’s motion for 27 summary judgment and granting Plaintiff’s motion for summary judgment (the “Order”) and 28 awarded Plaintiff reasonable attorney’s fees [Dkt No. 46]; 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE LAST DAY TO FILE A MOTION FOR ATTORNEY’S FEES AND CASE MANAGEMENT STATEMENT (Case No. C14-01976 EMC) 1 WHEREAS, the Court instructed the Parties to meet counsel over the amount of 2 attorney’s fees and that if no agreement is reached, Plaintiff shall file a motion for attorney’s fees 3 by July 2, 2015; 4 5 6 7 WHEREAS, the Court scheduled a further Case Management Conference for August 27, 2015 [Dkt No. 47]; and WHEREAS, the Parties are continuing to meet and confer over the amount of attorney’s fees and require additional time to complete said meet and confer; 8 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties through 9 their respective attorneys of record that the last day to file a motion for attorney’s fees be July 31, 10 2015, and the Case Management Conference be continued to September 24, 2015, at 10:30 a.m. 11 12 Respectfully submitted, Dated: June 24, 2015 LAW OFFICES OF P. RANDALL NOAH 13 /s/ P. Randall Noah P. RANDALL NOAH Attorneys for Plaintiff FREDERICK HEGARTY 14 15 16 17 Dated: June 24, 2015 LAFAYETTE & KUMAGAI LLP 18 /s/ Susan T. Kumagai SUSAN T. KUMAGAI Attorneys for Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1 19 20 21 22 S ER R NIA FO LI dwa Judge E H 28 RT 27 hen rd M. C NO 26 D _______________________________________ RDERE IS SO O IT THE HONORABLE EDWARD M. CHEN U.S. DISTRICT COURT JUDGE A 25 June 26, 2015 Dated: __________________ UNIT ED 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. RT U O 23 S DISTRICT TE C TA C F D IS T IC T O R STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE LAST DAY TO FILE A MOTION N FOR ATTORNEY’S FEES AND CASE MANAGEMENT STATEMENT (Case No. C14-01976 EMC) 2 1 2 3 4 SIGNATURE ATTESTATION I hereby attest that I have obtained the concurrence of P. Randall Noah, counsel for Plaintiff, for the filing of this stipulation. 5 /s/ Susan T. Kumagai SUSAN T. KUMAGAI 6 7 8 CERTIFICATE OF SERVICE 9 10 11 12 I certify that a copy of this document was served electronically on June 24, 2015, on counsel of record in compliance with Federal Rule 5 and Local Rule 5.6, by use of the Court’s ECF system. 13 14 /s/ Susan T. Kumagai SUSAN T. KUMAGAI 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE LAST DAY TO FILE A MOTION FOR ATTORNEY’S FEES AND CASE MANAGEMENT STATEMENT (Case No. C14-01976 EMC)

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