Kirk v. Lockheed Martin Group Benefits Plan No. 594

Filing 25

STIPULATION AND ORDER - Case Management Conference continued to 8/5/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco.Case Management Statement due by 7/29/2015. Signed by Judge William H. Orrick on 07/07/2015. (jmdS, COURT STAFF) (Filed on 7/7/2015)

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Julian M. Baum (SBN 130892
Lisa A. Lawrence (SBN 132310)
JULIAN M. BAUM & ASSOCIATES
9 Tenaya Lane - Novato, CA 94048
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff John F. Kirk
Melissa M. Cowan (SBN 175326)
E-mail: [e-mail]
Keiko J. Kojima (SBN 206595)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
Attorneys for Defendant Lockheed Martin Group
Benefits Plan

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA,

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JOHN F. KIRK,

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Plaintiff,

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v.

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LOCKHEED MARTIN GROUP
BENEFITS PLAN NO. 594,

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Defendants.

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Case No. 15-cv-00842 WHO
STIPULATION AND
ORDER
CONTINUING CASE
MANAGEMENT CONFERENCE TO
HEARING DATE ON DEFENDANT’S
MOTION TO DISMISS
CURRENT DATE: July 16, 2015
CURRENT TIMEL 1:00 p.m.
PROPOSED DATE: August 5, 2015
PROPOSED TIME: 2:00 p.m.

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Plaintiff John F. Kirk and Defendant Lockheed Martin Group Benefits Plan,
by and through their counsel of record, jointly and respectfully request that the
Court continue the scheduled Case Management Conference (“CMC”) from July
16, 2015, to August 5, 2015, the date on which Defendant’s Motion to Dismiss is
set to be heard. All parties have been served. The parties previously requested a
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continuance of the CMC when Defendant was served shortly before the originally
scheduled CMC set for June 2, 2015; the Court rescheduled the CMC to July 16th.

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Good cause exists for the requested continuance. Plaintiff filed this action
under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§1001
et seq. On June 29, 2015, Defendant filed a Motion to Dismiss based on lack of
subject matter jurisdiction due to payment of benefits and failure to exhaust

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administrative remedies. Plaintiff’s Opposition is due on July 13 th. The CMC is

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currently scheduled for Thursday, July 16th at 1:00 p.m., which is before

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Defendant’s July 20th deadline for filing a Reply Brief in support of its Motion to

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Dismiss, and the Motion hearing on August 5th.

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The parties believe that it would be a more effective use of time and
resources for the scheduling issues to be addressed with the Court, as necessary,
after the Court hears Defendant’s Motion on August 5th. The outcome of the
Motion may either (a) dispense with the need for setting dates, or (b) help guide the
parties and Court as to further scheduling matters. The parties will likewise be in a
better position to address the Court’s inquiries about the case after the Motion
hearing. The parties have already filed a Stipulation selecting mediation before the
ADR panel, which the Court has approved.

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Accordingly, the parties respectfully request that the Court continue the
CMC scheduled for July 16, at 1:00 p.m. to August 5, 2015, at 2:00 p.m., when
Defendant’s Motion to Dismiss is set to be heard. The parties likewise request a
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continuance of the deadline for filing the Joint CMC Statement to one week before
any rescheduled Conference. A proposed ORDER is set forth below for the Court’s
review and approval.
IT IS SO STIPULATED.
Dated:

July 6, 2015

JULIAN M. BAUM & ASSOCIATES

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By: /s/ Julian M. Baum
Julian M. Baum
Attorneys for Plaintiff John F. Kirk

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Dated:

July 6, 2015

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Burke, Williams & Sorensen, LLP
Melissa M. Cowan
By: Melissa M. Cowan
Melissa M. Cowan
Attorneys for Defendant Lockheed
Martin Group Benefits Plan

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ORDER

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Respectfully submitted,

The parties having stipulated as set forth above, IT IS ORDERED that the

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Case Management Conference in this action is hereby continued from July 16, 2015

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to August 5, 2015, at 2:00 p.m. The parties shall file their Joint Case Management

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Conference Statement one week in advance of the rescheduled Conference.

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Dated: July 7, 2015

_______________________
WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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