Edwards v. AT&T Disability Income Plan

Filing 29

STIPULATION AND ORDER EXTENDING CASE DEADLINES re 28 Stipulation filed by AT&T Disability Income Plan. Cross Motions for Summary Judgment hearing set for 2/25/2009 09:00 AM. Signed by Judge Phyllis J. Hamilton on 9/17/08. (nah, COURT STAFF) (Filed on 9/17/2008)

A PROFESSIONAL CORPORATION LARKSPUR, CALIFORNIA

MILLER LAW GROUP

1 Michele Ballard Miller (SBN 104198) [e-mail] 2 Lisa C. Hamasaki (SBN 197628) [e-mail] 3 Katherine L. Kettler (SBN 231586) [e-mail] 4 MILLER LAW GROUP A Professional Corporation 5 60 E. Sir Francis Drake Blvd., Ste. 302 Larkspur, CA 94939 6 Tel. [phone] Fax [phone] Attorneys for Defendant 8 AT&T UMBRELLA BENEFIT PLAN NO. 1 (erroneously sued as AT&T DISABILITY INCOME PLAN) 9 Sara Smith Ray (SBN 140564) 10 [e-mail] ALTMAN & RAY 11 20700 Ventura Boulevard, Suite 128 Woodland Hills, CA 91436 12 Tel. [phone] Fax [phone] Attorneys for Plaintiff CARL T. EDWARDS 14 15 16 17 18 19 CARL T. EDWARDS, 20 21 v. 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No. C 07-4573 PJH

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No.: C 07-4573 PJH STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES [Civil L.R. 6-1]

Plaintiff,

AT&T DISABILITY INCOME PLAN, Defendants.

1

WHEREAS, on May 29, 2008, the Court ordered that the parties file Cross-

2 Motions for Summary Judgment of the issues in this case by October 1, 2008, and 3 scheduled the hearing on the parties' Cross-Motions for November 5, 2008, at 9:00 a.m.; 4 WHEREAS, on July 28, August 12 and August 27, 2008 the parties

5 participated in a mediation of their claims with Court-appointed Early Neutral Evaluator 6 Geoffrey V. White, in a diligent and extended effort to resolve their dispute; 7 WHEREAS, despite the efforts of counsel and the mediator the parties have

8 not agreed to a settlement of this case; 9 WHEREAS, Plaintiff's counsel has informed Defendant's counsel informally of

10 Plaintiff's intention to take two non-party depositions, including one deposition out-of-state 11 and the deposition of a designated "person most knowledgeable" on several issues; 12 13 of deposition;
A PROFESSIONAL CORPORATION LARKSPUR, CALIFORNIA

WHEREAS, Defendant has objected informally to Plaintiff's proposed notices

MILLER LAW GROUP

14

WHEREAS, counsel for the parties have engaged in, and intend to continue to

15 engage in, meet and confer efforts to limit discovery in this action; and 16 WHEREAS, the parties agree that the current cross-motion filing deadline

17 would not provide sufficient time for the parties to both conclude their efforts to meet and 18 confer as to any agreeable method(s) and scope of discovery, nor would the existing 19 discovery deadline provide sufficient time for any remaining unresolved discovery dispute(s) 20 to be resolved in a reasonable and sufficient time before the parties would be required to file 21 their Cross-Motions for Summary Judgment on October 1, 2008. 22 23 24 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff CARL

25 T. EDWARDS ("Plaintiff") and Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1 26 (erroneously sued as AT&T DISABILITY INCOME PLAN, and hereinafter "Defendant"), by 27 and through their respective undersigned attorneys of record, to continue the date set by the 28 Court for hearing on the parties' Cross-Motions for Summary Judgment as well as all
1
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No. C 07-4573 PJH

1 associated deadlines, including the applicable deadlines for the filing of the parties' 2 opposition and reply briefs: 3 4 5 6 7 8 9 10 11 12 13
A PROFESSIONAL CORPORATION LARKSPUR, CALIFORNIA

January 21, 2009

Last day for Plaintiff and Defendant to file and serve opening briefs to Cross-Motions for Summary Judgment. Last day for Plaintiff and Defendant to file and serve reply briefs to Cross-Motions for Summary Judgment. Last day for Plaintiff and Defendant to file and serve reply briefs to Cross-Motions for Summary Judgment. Hearing on the parties' Cross-Motions for Summary Judgment

February 4, 2009

February 11, 2009

February 25, 2009 9:00 a.m.

MILLER LAW GROUP

14

Good cause exists for this continuance of the existing deadline for filing the

15 Cross-Motions for Summary Judgment, and all associated deadlines, because it will allow 16 the parties time to engage in further meet and confer efforts in an attempt to resolve their 17 discovery disputes without judicial intervention, and provide the parties time to conduct any 18 agreed-upon discovery in sufficient time to complete such discovery before filing any Cross19 Motions for Summary Judgment. 20 21 22 23 24 25 26 27 28
2
STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No. C 07-4573 PJH

1 2

IT IS SO STIPULATED.

3 Dated: September 16, 2008 4 5 6 7 8 9 10 11 12 13
A PROFESSIONAL CORPORATION LARKSPUR, CALIFORNIA

ALTMAN & RAY

By:

/S/ Sara Smith Ray Attorneys for Plaintiff CARL T. EDWARDS

Dated: September 16, 2008

MILLER LAW GROUP A Professional Corporation

MILLER LAW GROUP

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3

By: /S/ Katherine L. Kettler Attorneys for Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1 (erroneously sued as AT&T DISABILITY INCOME PLAN)

STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No. C 07-4573 PJH

1 2 3

ORDER

Having reviewed the Stipulation executed by Plaintiff CARL T. EDWARDS and

4 Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1, and good cause appearing, the Court 5 hereby orders that the November 5, 2008 hearing on the parties' Motions for Summary 6 Judgment and associated dates are VACATED, and are rescheduled pursuant to the 7 schedule set forth below. 8 9 10 11 12 13
A PROFESSIONAL CORPORATION LARKSPUR, CALIFORNIA

January 21 ___________, 2009

Last day for Plaintiff and Defendant to file and serve opening briefs to Cross-Motions for Summary Judgment. Last day for Plaintiff and Defendant to file and serve opposition briefs to Cross-Motions for Summary Judgment. Last day for Plaintiff and Defendant to file and serve reply briefs to Cross-Motions for Summary Judgment. Hearing on the parties' Cross-Motions for Summary Judgment Date Subject to Change based on court's availability

February 4 ___________, 2009

MILLER LAW GROUP

14 15 16 17 18 19 20 21

February 11 ___________, 2009

25 February ___, 2009 9:00 a.m.

IT IS SO ORDERED.

9/17/08 22 Dated: ________________________ 23 24

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STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Case No. C 07-4573 PJH

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_______________________________ ERED The Honorable Phyllis J. Hamilton O ORD IT IS S United States District Judge

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