Wishnev v. The Northwestern Mutual Life Insurance Company

Filing 59

STIPULATION AND ORDER. Case Management Statement due by 6/23/2016. Further Case Management Conference reset for 6/30/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 5/31/16. (bpfS, COURT STAFF) (Filed on 5/31/2016)

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MICHAEL J. STORTZ (SBN 139386)
[e-mail]
MARSHALL L. BAKER (SBN 300987)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
STEPHEN C. BAKER (pro hac vice)
[e-mail]
TIMOTHY J. O’DRISCOLL (pro hac vice)
[e-mail]
DRINKER BIDDLE & REATH LLP
One Logan Square, Ste. 2000
Philadelphia, PA 19103-6996
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SANFORD J. WISHNEV, individually and
on behalf of all others similarly situated,

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Plaintiff,
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v.
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Case No. 3:15-CV-3797-EMC
STIPULATION TO CONTINUE THE
CASE MANAGEMENT CONFERENCE BY
TWENTY EIGHT (28) DAYS;
DECLARATION OF MARSHALL L.
BAKER; [PROPOSED] ORDER

THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY, a Wisconsin
corporation, and DOES 1-10, inclusive,

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Defendants.
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D RINK ER B IDDLE &
R EATH LLP
A TTORN E YS A T L A W
S A N F RA N C I S C O

STIPULATION TO CONTINUE THE CASE
MANAGEMENT CONFERENCE BY 28 DAYS

CASE NO. 3:15-CV-3797-EMC

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Plaintiff Sanford Wishnev (“Plaintiff”) and Defendant The Northwestern Mutual Life

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Insurance Company (“Northwestern Mutual”) (collectively, the “Parties”), by and through their

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attorneys of record, hereby agree and stipulate to continue the Case Management Conference

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(“CMC”) currently scheduled for June 2, 2016 as follows:

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WHEREAS, on March 28, 2016 this Court granted Northwestern Mutual’s Motion for
Certification of Interlocutory Appeal and For Stay In Part Pending Appeal. See Dkt. No. 50;

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WHEREAS, on April 7, 2016, Northwestern Mutual timely filed a petition for permission

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to appeal pursuant to 28 U.S.C. § 1292(b) in the Ninth Circuit Court of Appeals (the “Petition”).

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See Nw. Mut. Life Ins. Co. v. Sanford Wishnev, No. 16-80045 (Apr. 7, 2016 9th Cir.));

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WHEREAS, on April 18, 2016, Plaintiff filed its Opposition to the Petition. See id. Dkt.
No. 10;

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WHEREAS, on April 22, 2016, Northwestern Mutual sought leave to file a Reply in
support of the Petition. See id. Dkt. No. 11;

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WHEREAS, the briefing on the Petition is now closed, and the Parties are awaiting the
Ninth Circuit’s ruling;

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WHEREAS, in light of the foregoing, the Parties agree that a brief twenty-eight (28) day
continuance of the CMC is appropriate given the pending ruling by the Ninth Circuit;

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WHEREAS, this brief continuance will not impact any other deadlines already set by the
Court.

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WHEREFORE, IT IS HEREBY STIPULATED AND AGREED:

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The Case Management Conference currently scheduled for 10:30 a.m., June 2, 2016, is

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continued to June 30, 2016 at 10:30 a.m.

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D RINK ER B IDDLE &
R EATH LLP
A TTORN E YS A T L A W
S A N F RA N C I S C O

STIPULATION TO CONTINUE THE CASE
MANAGEMENT CONFERENCE BY 28 DAYS

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CASE NO. 3:15-CV-3797-EMC

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Dated: May 27, 2016

DRINKER BIDDLE & REATH LLP

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By: /s/ Marshall L. Baker
Michael J. Stortz
Marshall L. Baker

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Attorneys for Defendant
THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY

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Dated: May 27, 2016

BRAMSON, PLUTZIK, MAHLER &
BIRKHAEUSER, LLP

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By: /s/ Robert M. Bramson
Robert M. Bramson

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Attorneys for Plaintiff
SANFORD J. WISHNEV

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Attestation Pursuant to Civil Local Rule 5-1(i)
Pursuant to Civil Local Rule 5-1(i), I, Marshall L. Baker, hereby attest that I have
obtained concurrence in the filing of this document from the other signatory to this document.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct. Executed this 27th day of May, 2016 in San Francisco, California.

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/s/ Marshall L. Baker
Marshall L. Baker

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D RINK ER B IDDLE &
R EATH LLP
A TTORN E YS A T L A W
S A N F RA N C I S C O

STIPULATION TO CONTINUE THE CASE
MANAGEMENT CONFERENCE BY 28 DAYS

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CASE NO. 3:15-CV-3797-EMC

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DECLARATION OF MARSHALL L. BAKER
I, Marshall L. Baker, declare as follows:
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I am a member of the Bar of the State of California, admitted to practice before

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this Court, and an associate in the firm of Drinker Biddle & Reath LLP, attorneys of record for

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Defendant The Northwestern Mutual Life Insurance Company (“Northwestern Mutual”) in the

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above-entitled action. Pursuant to Civil L.R. 6-2, I make this Declaration in support of

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Defendant’s and Plaintiff Sanford J. Wishnev’s (“Plaintiff”) (collectively, the “Parties”) for a

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continuance of the Case Management Conference (“CMC”) currently scheduled for June 2, 2016.

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If called, I would testify to the matters set forth herein.

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2.

In light of the pending ruling on Northwestern Mutual’s Petition for Interlocutory

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Appeal pursuant to 28 U.S.C §1292(b) (the “Petition”), the Parties met and conferred regarding a

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brief continuance of the CMC.

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3.

The Parties agreed that a ruling on the Petition was forthcoming and that a twenty-

eight day continuance of the CMC was therefore appropriate.
4.

The Parties request this continuance because it may provide sufficient time for the

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Ninth Circuit to issue its ruling and will not impact any deadlines already set by the Court or

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otherwise have any effect on the schedule of the case.

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5.

To date, the other time modifications in this case are as follows: on 8/31/2015, the

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Court granted the Parties’ Stipulation As to Filing of the Amended Complaint and scheduled a

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response deadline for that pleading; on 11/05/2015, the Court reset the hearing on Defendant’s

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Motion to Dismiss Plaintiff’s First Amended Complaint and reset the Case Management

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Conference to 11/20/2015; on 11/20/2015, the Court reset the Case Management Conference to

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1/21/2016; on 01/12/2016, the Court reset the Case Management Conference to 3/3/2016; on

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02/23/2016, the Court Granted the Defendant’s Motion to Continue the Case Management

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Conference to 3/24/2016.

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I declare under penalty of perjury that the foregoing is true and correct.
Executed this 27th day of May, 2016 at San Francisco, CA.
/s/ Marshall L. Baker
Marshall L. Baker

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D RINK ER B IDDLE &
R EATH LLP
A TTORN E YS A T L A W
S A N F RA N C I S C O

STIPULATION TO CONTINUE THE CASE
MANAGEMENT CONFERENCE BY 28 DAYS

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CASE NO. 3:15-CV-3797-EMC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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5/31/16

Date:
Hon. Edward M. Chen
UNITED STATES DISTRICT JUDGE
M. Chen

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D RINK ER B IDDLE &
R EATH LLP
A TTORN E YS A T L A W
S A N F RA N C I S C O

STIPULATION TO CONTINUE THE CASE
MANAGEMENT CONFERENCE BY 28 DAYS

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CASE NO. 3:15-CV-3797-EMC