Ramos v. Bank of America et al

Filing 34

STIPULATION AND ORDER TO CONTINUE DATE TO COMPLETE ADR AND DISCOVERY DATES re 33 Stipulation, filed by Bank of America Long Term Disability Plan, Metropolitan Life Insurance Company. Signed by Judge Phyllis J. Hamilton on 12/30/08. (nah, COURT STAFF) (Filed on 12/30/2008)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP REBECCA A. HULL Bar No. 99802 MICHELLE Y. MCISAAC Bar No. 215294 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Metropolitan Life Insurance Company and Bank of America Long Term Disability Benefits Plan (erroneously sued as Bank of America Long Term Disability Plan) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LENA MONZON RAMOS, Plaintiff, v. BANK OF AMERICA; METROPOLITAN LIFE INSURANCE COMPANY; BANK OF AMERICA LONG TERM DISABILITY PLAN, Defendants.

CASE NO. CV 08-01375 PJH STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE TO COMPLETE ADR AND DISCOVERY DATES

Defendants Metropolitan Life Insurance Company ("MetLife"), Bank of America Long Term Disability Benefits Plan ("Plans" herein), Bank of America Group Benefits Program, and plaintiff Lena Monzon Ramos, by and through their respective attorneys of record, hereby agree and stipulate as follows: 1. On October 15, 2008, pursuant to Stipulation, this Court ordered that ADR be

completed no later than January 13, 2009; 2. Following discussion, the parties are in agreement that it would be in the interests

of all parties, and consistent with judicial economy, for the potential discovery and related issues, as well as substantive motions, to be deferred while the parties attempt to mediate their disputes. 3. The parties and mediator have conferred and have concluded that the first mutually
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available date for mediation is January 20, 2009; and 4. The parties agree that if the mediation is not successful, a period of 120 days

thereafter would be sufficient time in which to conduct any necessary discovery procedures, including potential motions. WHEREFORE, the parties, by and through their respective counsel stipulate, and request that the Court order, as follows: STIPULATION 1. 2. 3. The parties agree to participate in mediation on January 20, 2009. Mediation shall be completed no later than February 1, 2009. Discovery, if any, including any related motions, shall be completed not

later than June 1, 2009. IT IS SO STIPULATED. DATED: December 18, 2008 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

/s/ Rebecca A. Hull Rebecca A. Hull Michelle Y. McIsaac Attorneys for Defendants Metropolitan Life Insurance Company and Bank of America Long Term Disability Benefits Plan

DATED: December 18, 2008

THE LAW OFFICE OF JOSEPH CREITZ, P.C.

By:/s/ Joseph Creitz (as authorized on 12/18/08) Joseph Creitz Attorney for Plaintiff Lena Monzon Ramos DATED: December 18, 2008 ORRICK, HERRINGTON & SUTCLIFFE LLP

By:/s/ Kristen M. Jacoby (as authorized on 12/18/08) Kristen M. Jacoby Attorney for Defendant Bank of America Group Benefits Program
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ORDER Upon the stipulation of the parties, and good cause appearing, IT IS SO ORDERED. DATED: 12/30/08

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