Ramos v. Bank of America et al

Filing 65

STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS re 64 Stipulation filed by Bank of America. Signed by Judge Phyllis J. Hamilton on 2/17/10. (nah, COURT STAFF) (Filed on 2/17/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 EXTEND BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS

Defendants Metropolitan Life Insurance Company ("MetLife") and Bank of America Long Term Disability Benefits Plan ("defendants" herein) and Plaintiff Lena Monzon Ramos, by and through their attorneys of record, hereby agree and stipulate as follows: 1. On January 29, 2010, this Court issued its Order regarding the standard of review,

which also clarifies whether Plaintiff may be permitted to offer evidence from outside the administrative record (which generally is permissible only if review is for abuse of discretion). (Doc. 63). The Order determined that the abuse of discretion standard applies, and Plaintiff therefore now intends to pursue pending discovery disputes that the parties had agreed to defer while awaiting the Court's ruling on plaintiff's motion regarding the standard of review. 2. The parties anticipate that some of the issues raised in the pending discovery
-1CASE NO. CV 08-01375 PJH STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS
OHS West:260843235.1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

disputes will require resolution by the Court, which in turn will require that the parties brief the issues in a noticed motion or motions. The parties are in agreement that such issues should be briefed and resolved prior to briefing on the substance of plaintiff's claim, in the interest of judicial economy and preservation of party and Court resources. 3. The parties further agree that, if the anticipated motion is successful in any

appreciable degree, it will be necessary for the parties then to be permitted a reasonable period of time in which to complete any discovery procedures that may have been ordered in response to the plaintiff's motion for discovery. 4. In light of all of the foregoing, and counsel's respective trial calendars, the parties

have met and conferred regarding a schedule for briefing and hearing on the parties' substantive motions, have stipulated to, and request that the Court order, following briefing and hearing schedule: Plaintiff's and Defendant's opening briefs due Opposition Memoranda due Reply Memoranda due: Hearing on cross motions: August 18, 2010 September 1, 2010 September 15, 2010 September 29, 2010 or the earliest date thereafter that is convenient to the Court IT IS SO STIPULATED.

Date: February 12, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP

By

/s/ Kristen M. Jacoby Patricia K. Gillette Kristen M. Jacoby Attorneys For Defendant Bank Of America Group Benefits Program

-2CASE NO. CV 08-01375 PJH STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS
OHS West:260843235.1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

DATED: February 12, 2010

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 12, 2010

THE LAW OFFICE OF JOSEPH CREITZ, P.C.

By:

/s/ Joseph Creitz Joseph Creitz Attorney for Plaintiff Lena Monzon Ramos

ORDER Upon the stipulation of the parties, IT IS SO ORDERED. DATED: 2/17/10
UNIT ED
S DISTRICT TE C TA

18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISERRICT COURT JUDGE T D ED
FO
Judge P n Hamilto hyllis J.

S

17

RT U O

ER

N

F D IS T IC T O R

-3CASE NO. CV 08-01375 PJH STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS
OHS West:260843235.1

A

C

LI

R NIA

O IT IS S

OR

NO

RT

H