Insalaco v. United of Omaha Life Insurance Company et al

Filing 33

STIPULATION AND ORDER re 32 STIPULATION WITH PROPOSED ORDER FOR MODIFICATION OF COURT'S SEPTEMBER 18, 2014 SCHEDULING ORDER filed by United of Omaha Life Insurance Company. MSJ vacated. Case Management Statement due by 10/28/2014. Further Case Management Conference set for 11/4/2014 02:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/29/!4. (bpf, COURT STAFF) (Filed on 9/29/2014)

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J. Russell Stedman (117130),
[e-mail]
Peter J. Felsenfeld (260433),
[e-mail]
BARGER & WOLEN LLP
275 Battery Street, Suite 480
San Francisco, California 94111-3309
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
UNITED OF OMAHA LIFE INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RHONDA INSALACO,

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Plaintiff,
vs.
UNITED OF OMAHA LIFE INSURANCE
COMPANY, SWH CORPORATION
EMPLOYEE WELFARE BENEFIT PLAN,

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Defendants.

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CASE NO.: 3:14-CV-02586-EMC
Hon. Edward M. Chen
STIPULATION FOR MODIFICATION OF
COURT’S SEPTEMBER 18, 2014
SCHEDULING ORDER; [PROPOSED]
ORDER
Complaint Filed: June 24, 2014

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The parties to this action, through their respective counsel, stipulate as follows:

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1.

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WHEREAS the Court held a Case Management Conference on September 18, 2014

and has ordered a further Case Management Conference for November 4, 2014;
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WHEREAS the Court also set a briefing schedule and ordered a hearing on

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Defendant United of Omaha Life Insurance Company’s (“United”) motion for summary judgment

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based on the contractual limitations period for November 4, 2014;

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3.

WHEREAS United has decided not to file this motion for summary judgment;

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4.

WHEREAS the briefing schedule for the motion for summary judgment set by the

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Court is no longer necessary;

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BARGER & WOLEN LLP
275 BATTERY STREET
SUITE 480
SAN FRANCISCO, CA 94111
[phone]

STIPULATION OF PARTIES FOR MODIFICATION OF SCHEDULING ORDER; [PROPOSED] ORDER
CASE NO.: 3:14-CV-02586-EMC

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WHEREAS the parties want to keep the November 4, 2014 Case Management

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Conference on calendar rather than advance it to meet and confer and try to reach a stipulation on

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the applicable standard of review.

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STIPULATION

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IT IS THEREFORE AGREED AND STIPULATED by the parties, through their respective

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counsel of record, to request that the Court modify its September 18, 2014 Scheduling Order to

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eliminate the briefing schedule and hearing on United’s motion for summary judgment based on the

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contractual limitations period and maintain the November 4, 2014 Case Management Conference on

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calendar.

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Dated: September 26, 2014

BARGER & WOLEN LLP

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By: /s/ J. Russell Stedman
J. RUSSELL STEDMAN
PETER J. FELSENFELD
Attorneys for Defendant
UNITED OF OMAHA LIFE
INSURANCE COMPANY

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Dated: September 26, 2014

THE GREY LAW FIRM, P.C.

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By: /s/ Rebecca Grey
REBECCA GREY
LAUREN CURTIES
Attorneys for Plaintiff
Rhonda Insalaco

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BARGER & WOLEN LLP
275 BATTERY STREET
SUITE 480
SAN FRANCISCO, CA 94111
[phone]

-2STIPULATION OF PARTIES FOR MODIFICATION OF SCHEDULING ORDER; [PROPOSED] ORDER
CASE NO.: 3:14-CV-02586-EMC

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ORDER
Based upon the foregoing Stipulation, and good cause appearing therefore, the

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September 18, 2014 Scheduling Order is hereby modified to eliminate the briefing

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schedule and November 4, 2014 hearing on United of Omaha’s proposed motion for

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summary judgment based on the contractual limitations period. The further Case

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Management Conference scheduled for November 4, 2014 will remain on calendar as

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previously ordered.

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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RT

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I

ORD
T IS SO
dwa
Judge E

ER

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hen

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ERED

rd M. C

NO

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EDWARD M. CHEN

FO

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UNIT
ED

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S DISTRICT
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_______________________________________
C
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UNITED STATES DISTRICT COURT JUDGE

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U
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9/29
Dated: ________________, 2014

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BARGER & WOLEN LLP
275 BATTERY STREET
SUITE 480
SAN FRANCISCO, CA 94111
[phone]

-3STIPULATION OF PARTIES FOR MODIFICATION OF SCHEDULING ORDER; [PROPOSED] ORDER
CASE NO.: 3:14-CV-02586-EMC