Mullin v. American Income Life Insurance Company

Filing 41

STIPULATION AND ORDER RE 40 STIPULATION to Extend Dates Set Forth in the Court's Scheduling Order AS MODIFIED BY THE COURT. Jury Selection/Trial set for 8/26/2019 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 8/14/2019 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 3/21/19. (cl, COURT STAFF) (Filed on 3/21/2019) Modified on 3/21/2019 (cl, COURT STAFF).

1 ROYAL F. OAKES (SBN 080480)
[e-mail]
2 MICHAEL A.S. NEWMAN (SBN 205299)
[e-mail]
3 HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
4 Los Angeles, CA 90071-2043
Telephone: [phone]
5 Facsimile: 213-614-7399
6 Attorneys for Defendant
American Income Life Insurance Company
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

10 SUSAN MULLIN,
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Plaintiff,

Case No. 17-cv-05223-RS

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STIPULATION TO EXTEND
DATES SET FORTH IN THE
COURT’S SCHEDULING
ORDER; [PROPOSED] ORDER

vs.

13 AMERICAN INCOME LIFE INSURANCE
14 COMPANY,
Defendants.
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(Honorable Richard Seeborg)

AS MODIFIED BY THE COURT

Complaint Filed: September 8, 2017
Discovery C/O: March 7, 2019
Motion Hrng. C/O: May 9, 2019
Pretrial Conf.: June 26, 2019
Trial:
July 8, 2019

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HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
Los Angeles, CA 90071-2043
213-680-2800

STIPULATION TO EXTEND DATES
& [PROPOSED] ORDER
Case No. 17-cv-05223-RS
303407034v1 1002483

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STIPULATION

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Plaintiff Susan Mullin (“Plaintiff”) and Defendant American Income Life

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Insurance Company (“AIL”) (collectively “Parties”), by and through their respective

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counsel of record, hereby stipulate as follows:

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WHEREAS, the dispositive motion hearing cutoff is currently May 9, 2019,
the pretrial conference is set for June 26, 2019 and trial is set for July 8, 2019; and

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WHEREAS, the parties have completed discovery with the exception of a

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deposition to be taken in Texas, which was previously scheduled but continued by

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counsel for both parties due to a calendar conflict; and

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WHEREAS, the parties have commenced settlement discussions and wish to

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continue those discussions, possibly in the context of a mediation session, without

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the need to file dispositive motions in time to comply with the May 9, 2019 motion

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hearing cutoff, and without the need to conduct the remaining deposition in Texas;

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NOW

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FOLLOWS:

THEREFORE

THE

PARTIES

HEREBY

STIPULATE

AS

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The parties agree to request that the Court amend the Scheduling Order to

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permit the taking of the Texas deposition not later than May 24, 2019, and to extend

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the dispositive motion hearing cutoff date to June 27, 2019; and, the parties agree to

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request that the Court continue the pretrial conference to August 14, 2019 and the

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trial to August 26, 2019, or such dates as are convenient with the Court’s calendar.

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IT IS SO STIPULATED.

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STIPULATION TO EXTEND DATES
& [PROPOSED] ORDER
Case No. 17-cv-05223-RS
303407034v1 1002483

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DATED: March 20, 2019

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HINSHAW & CULBERTSON LLP
By: /s/ Royal F. Oakes
ROYAL F. OAKES
MICHAEL A.S. NEWMAN
Attorneys for Defendant
American Income Life Insurance
Company

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DATED: March 20, 2019

KANTOR & KANTOR, LLP
By: /s/ Glenn R. Kantor
GLENN R. KANTOR
ALAN E. KASSAN
ANDREW M. KANTOR
Attorneys for Plaintiff
Susan Mullin

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Filer’s attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures,
Royal F. Oakes hereby attests that concurrence in the filing of this document and its
contents has been obtained by all signatories listed.

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STIPULATION TO EXTEND DATES
& [PROPOSED] ORDER
Case No. 17-cv-05223-RS
303407034v1 1002483

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[PROPOSED] ORDER

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Having reviewed the Parties’ Stipulation to Extend the Dates Set Forth in the

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Court’s Scheduling Order, and for good cause shown, IT IS HEREBY ORDERED

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THAT:

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•

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The Scheduling Order is amended to reflect a deadline to conduct the
by

May 24, 2019
Texas deposition of _____________________ [proposed May 24, 2019].

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The Scheduling Order is amended to reflect a dispositive motion

June 27, 2019
hearing cutoff date of ____________________ [proposed June 27, 2019].

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The Scheduling Order is amended to reflect a pretrial conference date

August 14, 2019
of ___________________________________ [proposed August 14, 2019].

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The Scheduling Order is amended to reflect a trial date of

_____________________________________ [proposed August 26, 2019].
August 26, 2019

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IT IS SO ORDERED.

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DATED:

3/21

, 2019

HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION TO EXTEND DATES
& [PROPOSED] ORDER
Case No. 17-cv-05223-RS
303407034v1 1002483