Fortlage v. Heller Ehrman LLP et al

Filing 131

STIPULATION AND ORDER re 130 Stipulation filed by Patricia Fortlage, Heller Ehrman Long-Term Disability Plan. Signed by Judge ARMSTRONG on 11/29/11. (lrc, COURT STAFF) (Filed on 11/29/2011)

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GEOFFREY V. WHITE (SBN. 068012)
LAW OFFICE OF GEOFFREY V. WHITE
351 California St., Suite 1500
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff

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HORACE W. GREEN (SBN 115699)
GREEN & HUMBERT
220 Montgomery Street, Suite 1418
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PATRICIA FORTLAGE,
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Plaintiff,
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v.
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HELLER EHRMAN, LLP, a California
partnership; HELLER EHRMAN
LONG-TERM DISABILITY PLAN; and
UNUM LIFE INSURANCE CO. OF
AMERICA, a Maine corporation,

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Defendants.
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Case No. C-08-03406 SBA
STIPULATION FOR
EXTENSION OF TIME TO FILE
CROSS-MOTIONS FOR JUDGMENT
AND [PROPOSED] ORDER THEREON

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Pursuant to Civil Local rule 16-2(e) and this Court’s Standing Order, Plaintiff Patricia

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Fortlage and Defendant Heller Ehrman Long-Term Disability Plan, through their undersigned

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counsel, hereby stipulate and agree as follows:

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WHEREAS, this is an action by Plaintiff Fortlage to recover Long-Term Disability
benefits;

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Stipulation For Extension Of Time To File Cross-Motions For Judgment And [Proposed] Order
-1 Thereon - Case No. C 08-03406 SBA

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WHEREAS, on July 21, 2011, the Court set the date for the parties to file Cross-Motions

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for Judgment or Summary Judgment in this action for December 6, 2011, with discovery to be

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completed by October 31, 2011 (Doc. 129);

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WHEREAS, the parties have completed discovery by the scheduled cutoff date of
October 31, 2011;

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WHEREAS, after the date of the Court’s Scheduling Order, Plaintiff’s counsel received

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scheduling orders involving two actions for breach of fiduciary duty, one against a pension plan

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and another against a disability plan in the Eastern District of California, involving complex

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discovery and summary judgment motion practice during the period November 2011 through

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January 2012, with firm Court trial dates set in those actions;

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WHEREAS, after the date of the Court’s Scheduling Order, Plaintiff’s counsel also

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received a briefing schedule in a complex ERISA appeal now pending in the Ninth Circuit Court

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of Appeals, with Plaintiff’s Opening Brief due on January 31, 2012, and requiring coordination

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with the U.S. Department of Labor as amicus;

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WHEREAS, Plaintiff’s counsel is a sole practitioner, and it would be practically

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impossible for counsel to meet the requirements of the current briefing schedule for filing Cross-

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Motions for Judgment herein;

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NOW THEREFORE, it is hereby stipulated by and between the parties, through their

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undersigned counsel, that pursuant to Fed. R. Civ. Pro. Rule 16(b)(4), good cause exists to

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modify the Court’s Scheduling Order, and the Court is respectfully requested to extend the time

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for the parties to file their Cross-Motions for Judgment or Summary Judgment to February 7,

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2012, with Opposition filed on February 21, 2012, and any Reply by February 28, 2012. Further,

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the parties respectfully request that the date for the next Case Management Conference be

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extended for approximately 60 days. As the Court has not set other dates for Pretrial or Trial, the

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parties believe no other dates are affected by this Stipulation.

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Stipulation For Extension Of Time To File Cross-Motions for Judgment And [Proposed] Order
Thereon - Case No. C 08-03406 SBA
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DATED: November 8, 2011

LAW OFFICE OF GEOFFREY V. WHITE

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By: /s/ Geoffrey V. White_____________
GEOFFREY V. WHITE
Attorney for Plaintiff

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DATED: November 8, 2011

GREEN & HUMBERT

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By: /s/ Horace W. Green______________
HORACE W. GREEN
Attorneys for Defendants

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ORDER

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Pursuant to the above Stipulation, the Court finds that good cause exists to modify its
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Scheduling Order as follows: The parties shall file their Cross-Motions for Judgment or
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Summary Judgment on February 7, 2012; Opposition papers shall be filed by February 21, 2012;
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and any Reply by February 28, 2012.
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The next Case Management Conference shall by held by telephone on ______________
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DATED 11-29-11

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Honorable Saundra Brown Armstrong

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Stipulation For Extension Of Time To File Cross-Motions for Judgment And [Proposed] Order
Thereon - Case No. C 08-03406 SBA
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