Massachusetts Mutual Life Insurance Company v. Chang et al

Filing 21

STIPULATION AND ORDER re 20 to Continue the Case Management Conference Hearing filed by Lisa Chang, Carol Chang. Case Management Statement due by 12/8/2016. Initial Case Management Conference reset for 12/15/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 9/19/16. (bpf, COURT STAFF) (Filed on 9/19/2016)

Case 3:16-cv-03679-EMC Document 20 Filed 09/16/16 Page 1 of 3

1 Terrence J. Coleman (State Bar No. 172183)
Ingrid S. Leverett
(State Bar No. 148813)
2 PILLSBURY & COLEMAN, LLP
The Transamerica Pyramid
3 600 Montgomery St., 31st Floor
San Francisco, California 94111
4 Telephone: [phone]
Facsimile: [phone]
5 Email: [e-mail]
[e-mail]
6
Attorneys for Defendants
7 LISA CHANG and CAROL CHANG
8

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY, a Massachusetts
12 Corporation,
Plaintiff,

13
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vs.

15 LISA CHANG, an Individual, and CAROL
CHANG, as Conservator,
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Defendants.
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Case No. 3:16-cv-3679 EMC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE
HEARING

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WHEREAS, on August 8, 2016, the Court entered an order setting a Case Management

20 Conference (“CMC”) in this action for October 6, 2016 at 9:30 a.m. in Courtroom 5, 17th Floor, 450
21 Golden Gate Avenue, San Francisco, California;
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WHEREAS, on September 7, 2016 Defendants LISA CHANG and CAROL CHANG filed a

23 Motion to Dismiss Or, In the Alternative, to Stay this action (“Motion”);
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WHEREAS, if granted, the aforementioned Motion would dispose of the present action or stay

25 it during the pendency of a state court action between Plaintiff MASSACHUSETTS MUTUAL LIFE
26 INSURANCE COMPANY, on the one hand, and Defendants LISA CHANG and CAROL CHANG on
27 the other hand and involving the same insurance policy giving rise to the present action (that state
28 court action is Chang, et al. v. Massachusetts Mutual Life Insurance Company, San Francisco County

-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC HEARING

Case No. 3:16-cv-3679 EMC

Case 3:16-cv-03679-EMC Document 20 Filed 09/16/16 Page 2 of 3

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Superior Court Case No. CGC-16-554087) thereby obviating the need for a CMC;
WHEREAS, if the aforementioned Motion is denied, a CMC could thereafter be promptly
scheduled;
WHEREAS, the parties to this case have requested one previous time modification;
specifically, a Stipulation to Extend Time to Respond to the Initial Complaint, filed on August 1, 2016
and entered in the docket on August 5, 2016;
WHEREAS, the previous Stipulation to Extend Time to Respond to the Initial Complaint
effected a one month extension of time (the Complaint was filed on June 30, 2016 and was served on
the defendants on July 18, 2016, with a response to the Complaint originally due on August 8, 2016);
WHEREAS, a continuance of the currently-scheduled CMC to a date—if necessary—to follow
the Court’s disposition of the pending Motion will potentially save the Court and the parties the time
and expense attendant on preparing for a CMC that may become unnecessary depending on the
disposition of the Motion;
WHEREAS, the hearing on the Motion is set for October 27, 2016;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
Plaintiff MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY and Defendants LISA
CHANG and CAROL CHANG, by and through their respective counsel, that:
1.

The CMC currently scheduled for October 6, 2016 at 9:30 a.m. in Courtroom 5, 17th

Floor, 450 Golden Gate Avenue, San Francisco, California—and all the associated dates—is and are
hereby VACATED.
2.

If this case remains pending and active following the hearing on the Defendants’

Motion set for October 27, 2016, a CMC will re-set on an available date on the Court’s calendar
following October 27, 2016.
Dated: September 16, 2016

PILLSBURY & COLEMAN, LLP

By: /s/ Ingrid S. Leverett
Terrence J. Coleman
Ingrid S. Leverett
Attorneys for Defendants
LISA CHANG and CAROL CHANG
-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC HEARING

Case No. 3:16-cv-3679 EMC

Case 3:16-cv-03679-EMC Document 20 Filed 09/16/16 Page 3 of 3

1 Dated: September 16, 2016

SYLVESTER, OPPENHEIM & LINDE

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By: /s/ Richard D. Oppenheim, Jr.
Richard D. Oppenheim, Jr.
Attorneys for Plaintiff
MASSACHUSETTS MUTUAL LIFE INSURANCE
COMPANY

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Pursuant to Civil Local Rule 5-1(i)(3), the filer attests that concurrence in the filing of this

8 document has been obtained from each of the signatories.
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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CMC HEARING

Case No. 3:16-cv-3679 EMC

Case 3:16-cv-03679-EMC Document 20-1 Filed 09/16/16 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY, a Massachusetts
12 Corporation,
Plaintiff,

13
14

vs.

15 LISA CHANG, an Individual, and CAROL
CHANG, as Conservator,
16
Defendants.
17

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Case No. 3:16-cv-3679 EMC
[PROPOSED] ORDER TO CONTINUE THE
CASE MANAGEMENT CONFERENCE
HEARING

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Upon consideration of the foregoing Stipulation between the parties and the papers submitted

20 to the Court, and good cause appearing in support thereof, this Stipulation is hereby GRANTED
The CMC is reset from 10/6/16 to 12/15/16
IT IS SO ORDERED.
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at 9:30 a.m. A joint CMC statement shall
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be filed by 12/8/16.

S

9/19/2016
Dated: ________________

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HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT COURT D
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Case No. 3:16-cv-3679 EMC