Metropolitan Life Insurance Company v. Dawson et al

Filing 11

ORDER: Case Management Statement due by 6/11/2015. Case Management Conference set for 6/18/2015 10:00 AM. Signed by Judge Maria-Elena James on 3/23/2015. (cdnS, COURT STAFF) (Filed on 3/23/2015)

1
2
3
4
5
6
7

SEDGWICK LLP
MARK J. HANCOCK SBN 160662
[e-mail]
REBECCA A. HULL SBN 99802
[e-mail]
ERIN A. CORNELL SBN 227135
[e-mail]
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635
Attorneys for Plaintiff
METROPOLITAN LIFE INSURANCE COMPANY

8
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13

METROPOLITAN LIFE INSURANCE
COMPANY,

14
Plaintiff,
15
v.
16
17

TESSA DAWSON; BRIAN GONSALVES;
JAMIE GONSALVES; and BRONWYN
DAWSON,

Case No. 3:15-cv-00225 MEJ
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE

18
Defendants.
19
20
21
22
23

Plaintiff Metropolitan Life Insurance Company (“MetLife”) hereby respectfully requests as
follows:
On March 15, 2015, MetLife filed its Complaint in Interpleader, naming as defendants

24

Tessa Dawson (“Tessa”), Brian Gonsalves (“Brian”), Jamie Gonsalves (“Jamie”) and Bronwyn

25

Dawson (“Bronwyn”) (collectively “defendants”). (ECF No. 1.) The Complaint in Interpleader

26

arises out of competing claims for life insurance benefits (“Plan Benefits”) under the Group Term

27

Life & Accidental Death and Dismemberment Insurance Plan for Employees of Bank of the West

28

(“the Plan”), which became payable upon the death of Ingrid Gonsalves (“the Decedent”).

20000659v1

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

On January 20, 2015, MetLife’s counsel sent each of the defendants a copy of the summons

1
2

and complaint, along with a Waiver of the Service of Summons form, and asked each to sign and

3

return it, in lieu of personal service. On February 9, 2015, Jamie and Brian, by way of their

4

counsel, returned the Waiver of the Service of Summons form. Jamie and Brian’s answers to the

5

complaint were originally due on March 23, 2015. MetLife has granted Jamie and Brian a 30-day

6

extension of time within which to respond, however. Tessa and Bronwyn have not yet returned the

7

Waiver of the Service of Summons form. MetLife understands that defendants are currently

8

litigating a probate matter in Contra Costa County Superior Court arising out of the Decedent’s

9

estate.

10

MetLife further understands that defendants have come to an agreement regarding the Plan

11

Benefits. Specifically, MetLife understands that defendants agree that the proper beneficiary or

12

beneficiaries of the Plan Benefits shall be decided by Contra Costa County Superior Court as part

13

of the probate of the Decedent’s estate. The parties are currently working on a stipulation and

14

[proposed] order, whereby the Plan Benefits would be held in the client trust account of one of the

15

defendant’s attorneys, MetLife, Bank of the West and the Plan would be discharged from liability,

16

and the Complaint in Interpleader presently pending before this Court would be dismissed.

17

Accordingly, MetLife respectfully requests that the Court continue the initial case

18

management conference, which is presently set for April 16, 2015, for 63 days, to June 18, 2015,

19

so that the parties may finalize the stipulation and proposed order regarding the Plan Benefits,

20

discharge and dismissal.

21

DATED: March 23, 2015

SEDGWICK LLP

22
23
24
25

By: /s/ Erin A. Cornell
Mark J. Hancock
Erin A. Cornell
Attorneys for Plaintiff
METROPOLITAN LIFE INSURANCE COMPANY

26
27
28
20000659v1

2
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

ORDER

1
2

Pursuant to plaintiff Metropolitan Life Insurance Company’s request, the Court hereby

3

continues the initial case management conference, presently set for April 16, 2015, to June 18,

4

2015 at 10:00 a.m. in Courtroom B, 15th Floor, of the Courthouse located at 450 Golden Gate

5

Avenue, San Francisco.

6
7

IT IS SO ORDERED.
March 23, 2015
DATED: ________________

8
9
10

Honorable Maria Elena James
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
20000659v1

3
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER