Clecak v. Apple Computer, Inc's Short and Long Term Disability Plan

Filing 20

STIPULATION AND ORDER TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE. Signed by Judge Wayne D. Brazil on 10/6/2008. (wdblc1, COURT STAFF) (Filed on 10/8/2008) Modified on 10/9/2008 (cjl, COURT STAFF).

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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 ADRIENNE C. PUBLICOVER (SBN 161432) CHARAN M. HIGBEE (SBN 148293) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Defendant APPLE COMPUTER, INC.'S SHORT AND LONG TERM DISABILITY PLAN TIMOTHY J. FRICKER (SBN 183309) JAMES G. MELLEN (SBN 122035) KAREN L. CREECH (SBN 168023) FRICKER & MELLEN & ASSOCIATES Tribune Tower 409 13th Street, 17th Floor Oakland, CA 94612 Telephone: (510) 663-8484 Facsimile: (510) 663-0639 Attorneys for Plaintiff CHRISTINE CLECAK UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CHRISTINE CLECAK, Plaintiff, v. APPLE COMPUTER, INC.'S SHORT AND LONG TERM DISABILITY PLAN, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CV08-01987 WDB STIPULATION TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE; AND ORDER THEREON Courtroom : 4 Honorable Wayne D. Brazil Filed : 4/16/2008 STIPULATION TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER THEREON USDC NDCA Case #CV08-01987 WDB 384275.1 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 IT IS HEREBY STIPULATED, by and between the parties to this action, plaintiff Christine Clecak and defendant Apple Computer, Inc.'s Short and Long Term Disability Plan, acting through their attorneys of record, as follows: 1. 2. That the parties have stipulated to mediation pursuant to ADR L.R. 6; That the parties previously stipulated to complete the mediation before on or about October 7, 2008; 3. That a Further Case Management Conference has been set for October 29, 2008 at 1:30 p.m. in this action; 4. That the parties and the court appointed mediator were unable to agree to a date for mediation prior to October 7, 2008; 5. That a mediation date of November 20, 2008 has been agreed to by the parties and the mediator; 6. 7. That the date to complete mediation be continued to November 21, 2008; and That the Further Case Management Conference be continued to a date after November 20, 2008. Date:October 3, 2008 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Charan M. Higbee ADRIENNE C. PUBLICOVER CHARAN M. HIGBEE Attorneys for Defendant APPLE COMPUTER, INC.'S SHORT AND LONG TERM DISABILITY PLAN FRICKER & MELLEN & ASSOCIATES By: /s/ Karen L. Creech TIMOTHY J. FRICKER JAMES G. MELLEN KAREN L. CREECH Attorneys for Plaintiff CHRISTINE CLECAK Date: October 2, 2008 1 STIPULATION TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER THEREON USDC NDCA Case #CV08-01987 WDB 384275.1 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 Date: October 6, 2008 ORDER Pursuant to the stipulation of the parties and good cause appearing therefore, it hereby is ordered as follows: 1. The Court sponsored mediation, pursuant to ADR L.R. 6, shall be completed by November 21, 2008; and 2. The Further Case Management Conference in this matter, currently scheduled for October 29, 2008 at 1:30 p.m., is continued to December 4, 2008, at 4:00 p.m. IT IS SO ORDERED. By: HONORABLE WAYNE D. BRAZIL UNITED STATES MAGISTRATE JUDGE 2 STIPULATION TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER THEREON USDC NDCA Case #CV08-01987 WDB 384275.1 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 CERTIFICATE OF SERVICE Christine Clecak v. Apple Computer, Inc.'s Short and Long Term Disability Plan, et al. USDC NDCA Case #CV08-01987 WDB I am a citizen of the United States. I am over the age of eighteen years and am not a party to the within cause. I am employed in the City and County of San Francisco, California and my business address is 525 California Street, 17th Floor, San Francisco, California 94105. On this date I served the following document(s): STIPULATION TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER THEREON on the parties identified below, through their attorneys of record, by placing true copies thereof in sealed envelopes addressed as shown below by the following means of service: _X_: By First Class Mail -- I caused each such envelope, with first class postage thereon fully prepaid, to be deposited in a recognized place of deposit of the U.S. Mail in San Francisco, California, for collection to the office of the addressee following ordinary business practices. _ _: Facsimile (Only where permitted. Must consult CCP 1012.5 and California Rules of Court 2001-2011. Also consult FRCP Rule 5(e). Not currently authorized in N.D.C.A.) Timothy J. Fricker, Esq. James G. Mellen, Esq. Karen L. Creech, Esq. FRICKER & MELLEN & ASSOCIATES Tribune Tower 409 13th Street, 17th Floor Oakland, CA 94612 Tel: (510) 663-8484 Fax: (510) 663-0639 Attorneys for Plaintiff CHRISTINE CLECAK United States District Court Northern District of California ADR Program 450 Golden Gate Avenue, 16th Floor San Francisco, CA 94102 Tel: (415) 522-2199 Fax: (415) 522-4112 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. EXECUTED October 8, 2008 at San Francisco, California. Charles S. Loughran, Esq. Arbitrator, Mediator & Fact-Finder 6318 Bullard Drive Oakland, CA 94611 Tel: (510) 339-1970 Fax: (510) 338-3870 Court Appointed Mediator Nancy Li 3 STIPULATION TO CONTINUE DATE TO COMPLETE MEDIATION AND TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER THEREON USDC NDCA Case #CV08-01987 WDB 384275.1

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