Burke v. Unum Life Insurance Company of America

Filing 22

ORDER ORDER RE JOINT STIPULATION TO EXTEND DEADLINES FOR DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND CONTINUE HEARING DATE granting 21 Motions due by 4/14/2016. Replies due by 5/5/2016. Responses due by 4/28/2016.. Signed by Judge Alsup on 3/17/16. (whalc1, COURT STAFF) (Filed on 3/17/2016)

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James P. Keenley (State Bar No. 253106)
Emily A. Bolt (State Bar No. 253104)
Brian H. Kim (State Bar No. 215492)
BOLT KEENLEY KIM LLP
1010 Grayson Street, Suite Three
Berkeley, California 94710
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO / OAKLAND DIVISION

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)
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)
Plaintiff,
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v.
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UNUM LIFE INSURANCE COMPANY OF )
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AMERICA
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Defendant.
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James BURKE

Case No.: 3:15-cv-03196-WHA
JOINT STIPULATION TO EXTEND
DEADLINES FOR DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
AND CONTINUE HEARING DATE;
[PROPOSED] ORDER GRANTING
STIPULATION

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JOINT STIPULATION

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IT IS HEREBY STIPULATED by and between the parties hereto that all dates related

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to Defendant’s motion for summary judgment be continued by four weeks (28 days). Good

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cause exists for this request because on March 15, 2016, the daughter of Plaintiff’s chief counsel,

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James P. Keenley was born. Mr. Keenley intends to take family leave until April 12, 2016

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to spend time with his wife and new daughter. As a result, Plaintiff requires additional time to

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CASE NO. 3:15-cv-03196-WHA

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JOINT STIPULATION TO EXTEND
DEADLINES FOR DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND CONTINUE
HEARING DATE; [PROPOSED]
ORDER GRANTING STIPULATION

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file his opposition and requests that all dates be continued by 28 days to allow this motion to be

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briefed and heard on the standard 35-day calendar.

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WHEREAS, on November 24, 2015, this Court issued its Case Management Order in

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Denial-of-Benefits Action Under ERISA (Doc. #19), ordering that Defendant Unum Life

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Insurance Company of America file a Motion for Summary Judgment by March 17, 2016, on a

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35-day track (with the hearing set for April 21, 2016), and that Plaintiff James Burke’s

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opposition and any request for discovery shall be filed three weeks before the hearing (March

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31, 2016) with any reply by Defendant filed two weeks before the hearing (April 7, 2016).

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As stated above, good cause exists to permit the parties to extend the briefing deadlines

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and hearing date of Defendant’s Motion for Summary Judgment, and no prejudice to the parties

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or the Court would result from such an extension.

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WHEREFORE, the Parties stipulate as follows:

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Defendant’s Motion for Summary Judgment deadline shall be extended from March 17,

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2016 to April 14, 2016;
The deadline for Plaintiff’s opposition to the Motion for Summary Judgment shall be
extended from March 31, 2016 to April 28, 2016;
The deadline for Defendant’s reply in support of the Motion for Summary Judgment shall
be extended from April 7, 2016 to May 5, 2016; and
The hearing for Defendant’s Motion for Summary Judgment shall be moved from April
21, 2016 to May 19, 2016.
IT IS SO STIPULATED.

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Dated: March 16, 2016

BOLT KEENLEY KIM LLP
By: /s/ James P. Keenley
James P. Keenley
Attorneys for Plaintiff

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CASE NO. 3:15-cv-03196-WHA

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JOINT STIPULATION TO EXTEND
DEADLINES FOR DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND CONTINUE
HEARING DATE; [PROPOSED]
ORDER GRANTING STIPULATION

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RIMAC MARTIN, P.C.

Dated: March 16, 2016

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By: /s/ Anna Martin
Anna Martin
Attorneys for Defendant Unum Life
Insurance Company of America

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ORDER
Having reviewed the stipulation of the parties and good cause showing, the Court hereby

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GRANTS the parties’ stipulation to extend the deadlines regarding Defendant Unum Life

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Insurance Company of America’s Motion for Summary Judgment as follows:

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Defendant’s Motion for Summary Judgment deadline shall be extended from March 17,
2016 to April 14, 2016;
The deadline for Plaintiff’s opposition to the Motion for Summary Judgment shall be
extended from March 31, 2016 to April 28, 2016;
The deadline for Defendant’s reply in support of the Motion for Summary Judgment shall
be extended from April 7, 2016 to May 5, 2016; and
The hearing for Defendant’s Motion for Summary Judgment shall be moved from April
21, 2016 to May 19, 2016.
IT IS SO ORDERED.

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Dated: March 17, 2016.
Hon. William H. Alsup
United States District Court

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CASE NO. 3:15-cv-03196-WHA

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JOINT STIPULATION TO EXTEND
DEADLINES FOR DEFENDANT’S
MOTION FOR SUMMARY
JUDGMENT AND CONTINUE
HEARING DATE; [PROPOSED]
ORDER GRANTING STIPULATION