Lyttle v. United of Omaha Life Insurance Company

Filing 42

ORDER granting 41 Stipulation to continue hearing as to 32 , 33 Cross Motions for Judgment as a Matter of Law. Motion Hearing reset for 5/16/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 03/28/2018. (jmdS, COURT STAFF) (Filed on 3/28/2018)

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Jodi K. Swick No. 228634
Charan M. Higbee No.148293
McDOWELL HETHERINGTON LLP
1 Kaiser Plaza, Suite 340
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510.628.2146
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
UNITED OF OMAHA LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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SHELLEY LYTTLE,

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Plaintiff,

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v.

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UNITED OF OMAHA LIFE INSURANCE
COMPANY,

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Defendant.
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Case No 3:17-cv-01361-WHO
STIPULATION TO CONTINUE THE
APRIL 11, 2018 HEARING DATE ON
PARTIES’ CROSS-MOTIONS FOR
JUDGMENT AS A MATTER OF LAW
AND ORDER
Current Hearing Date: April 11, 2018
Time: 2:00 PM
Location: 17th Floor
Courtroom: Courtroom 2
Judge: William H. Orrick, III

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Complaint Filed: March 14, 2017
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IT IS HEREBY STIPULATED, by and between plaintiff Shelley Lyttle and Defendant

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United of Omaha Life Insurance Company (“United of Omaha”), through their attorneys of

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record, as follows:

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1.

On January 31, 2018, plaintiff Shelley Lyttle and defendant United of Omaha filed

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cross-motions for court judgment which were set for hearing on March 28, 2018 in Courtroom 2

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of this Court [Docs. 32 and 33];

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2.

On March 20, 2018, the Court issued a notice re-setting the hearing on the cross-

motions for judgment to April 11, 2018 [Doc. 40];
Case No 3:17-cv-01361-WHO
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STIPULATION TO CONTINUE THE APRIL 11, 2018 HEARING DATE ON PARTIES’ CROSSMOTIONS FOR JUDGMENT AS A MATTER OF LAW AND ORDER

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3.

Both attorneys of record for defendant United of Omaha, Jodi K. Swick and

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Charan M. Higbee, are unavailable for the reset hearing date of April 11, 2018, because they

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have pre-paid plans to meet with clients in New York and Boston between April 9, 2018 and

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April 13, 2018;

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4.

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Counsel for all parties are available for a hearing on May 9, 2018 or May 16, 2018

at 2:00 p.m.;
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The parties, through their undersigned attorneys, therefore agree that the hearing

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date on the parties’ cross-motions for judgment may be moved to May 9, 2018 or May 16, 2018

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at 2:00 p.m. in Courtroom 2 of this Court;

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6.

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obstruction; and

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7.

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This stipulation is made in good faith and not for the purposes of delay or

This stipulation to continue the hearing date on the parties’ cross-motions does not

alter the date of any other event or deadline already fixed by Court Order.

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Dated: March 28, 2018

McDOWELL HETHERINGTON LLP

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By:

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Attorneys for Defendant
UNITED OF OMAHA LIFE INSURANCE
COMPANY

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/s/ Charan M. Higbee
Jodi K. Swick
Charan M. Higbee

Dated: March 28, 2018

ERISA LAW CENTER

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By: /s/ Robert J. Rosati
Robert J. Rosati

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Attorney for Plaintiff
SHELLEY LYTTLE

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Case No 3:17-cv-01361-WHO
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STIPULATION TO CONTINUE THE APRIL 11, 2018 HEARING DATE ON PARTIES’ CROSSMOTIONS FOR JUDGMENT AS A MATTER OF LAW AND ORDER

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ORDER

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Having read the parties’ stipulation and good cause appearing therefore, it is hereby

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ordered as follows:
1.

The hearing date on the parties’ cross-motions for judgment as a matter of law,

currently set for April 11, 2018, hereby is continued to May 16, 2018 at 2:00 p.m. in Courtroom
2 of this Court.

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IT IS SO ORDERED.
Dated: March 28, 2018

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HON. WILLIAM H. ORRICK

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Case No 3:17-cv-01361-WHO
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STIPULATION TO CONTINUE THE APRIL 11, 2018 HEARING DATE ON PARTIES’ CROSSMOTIONS FOR JUDGMENT AS A MATTER OF LAW AND ORDER