Ramos v. Bank of America et al

Filing 37

STIPULATION AND ORDER TO CONTINUE DISCOVERY DATES AND DEADLINES re 36 Stipulation filed by Metropolitan Life Insurance Company. Signed by Judge Phyllis J. Hamilton on 2/26/09. (nah, COURT STAFF) (Filed on 2/26/2009)

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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 DISCOVERY DATES AND DEADLINES

Defendants Metropolitan Life Insurance Company ("MetLife"), Bank of America Long Term Disability Benefits Plan ("Plans" herein), Bank of America Group Benefits Program ("BofA"), and plaintiff Lena Monzon Ramos, by and through their respective attorneys of record, hereby agree and stipulate as follows: 1. Pursuant to Stipulation and Court Order, it was agreed 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, be deferred while the parties attempted to mediate their disputes.

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2.

It was further agreed that if the mediation was not successful, a period of 120

days thereafter, would be sufficient time in which to conduct any necessary discovery procedures, including potential motions. 3. A mediation was held on January 23, 2009, which was unsuccessful.

WHEREFORE, the parties, by and through their respective counsel stipulate, and request that the Court order, as follows: STIPULATION 1. The parties agree that MetLife's outstanding discovery responses to

plaintiff's Request for Production, set two, will be due March 13, 2009. 2. The parties agree that BofA's outstanding responses to plaintiff's

discovery will be due March 13, 2009. 3. The parties further agree that plaintiff's motion to compel discovery, if

any, will be filed on or about April 17, 2009, to be noticed for hearing not earlier than June 4, 2009. IT IS SO STIPULATED. DATED: February 24, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

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

DATED: February 24, 2009

THE LAW OFFICE OF JOSEPH A. CREITZ, P.C. LAW OFFICE OF JOSEPH A. GAROFOLO, P.C.

By:

/s/ Joseph A. Creitz Joseph A. Creitz Attorneys for Plaintiff Lena Monzon Ramos

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DATED: February 24, 2009

ORRICK, HERRINGTON & SUTCLIFFE LLP

By:

/s/ Kristen M. Jacoby Kristen M. Jacoby Attorney for Defendant Bank of America Group Benefits Program ORDER

Upon the stipulation of the parties, and good cause appearing, IT IS SO ORDERED. DATED: 2/26/09

UNIT ED

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