Justin Emerson v. Metropolitan Life Insurance Company

Filing 27

STIPULATION AND ORDER re 25 STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND [PROPOSED] ORDER RE: STANDARD OF REVIEW filed by Justin Emerson. Signed by Judge Jon S. Tigar on February 21, 2017. (wsn, COURT STAFF) (Filed on 2/21/2017)

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Brian H. Kim (State Bar No. 215492)
Emily A. Bolt (State Bar No. 253109)
James P. Keenley (State Bar No. 253106)
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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JUSTIN EMERSON,
Plaintiff,

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v.

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METROPOLITAN LIFE INSURANCE
COMPANY,

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Defendant.

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Case No.: 3:16-cv-05093 JST
JOINT STIPULATION AND
[PROPOSED] ORDER RE: STANDARD
OF REVIEW

JOINT STIPULATION
The parties have reached the following agreement which they jointly request be entered
as an order of this Court governing further proceedings:
(1)

The parties agree that the standard of review applicable to the Plaintiff’s claim is

de novo for purposes of the trial of this case only;
(2)

Metropolitan Life Insurance Company’s (“MetLife”) stipulation to de novo

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standard of review in this case is for the purposes of the trial of this case only and without

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{03938587.2}Case No.: 3:16-cv05093 JST

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JOINT STIPULATION AND
[PROPOSED] ORDER RE:
STANDARD OF REVIEW

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reference to the appropriate standard of review in any other case. MetLife’s stipulation on the

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standard of review should not be construed as a concession that a de novo standard of review is

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applicable in any other pending cases against MetLife.

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Dated: February 16, 2017

BOLT KEENLEY KIM LLP

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By: /s/ Brian H. Kim
Brian H. Kim
Attorneys for Plaintiff

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Dated: February 16, 2017

MAYNARD, COOPER & GALE, LLP

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By: /s/ Linda B. Oliver
Linda B. Oliver
Alexandra Drury
Attorneys for Defendant METROPOLITAN
LIFE INSURANCE COMPANY

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[PROPOSED] ORDER

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Pursuant to the stipulation set forth above, IT IS SO ORDERED.

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Dated: February 21, 2017

Hon. Jon S. Tigar
United States District Court

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{03938587.2}Case No.: 3:16-cv05093 JST

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JOINT STIPULATION AND
[PROPOSED] ORDER RE:
STANDARD OF REVIEW