Smyrni v. US Investigations Services, LLC Plan

Filing 88

STIPULATION AND ORDER TO CONTINUE JUNE 10, 2010 CASE MANAGEMENT CONFERENCE re 87 Stipulation filed by US Investigations Services, LLC Plan, Life Insurance Company of North America. Joint Case Management Statement due by 7/1/2010. Further Case Management Conference set for 7/8/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 6/10/10. (nah, COURT STAFF) (Filed on 6/10/2010)

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SEAN P. NALTY (SBN 121253) Email: [e-mail] SHIVANI NANDA (SBN 253891) Email: [e-mail] WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant US INVESTIGATIVE SERVICES LLP PLAN & Real Party in Interest LIFE INSURANCE COMPANY OF NORTH AMERICA LAURENCE F. PADWAY, (SBN 89314) Email: [e-mail] LAW OFFICES OF LAURENCE F. PADWAY 1516 Oak Street, Suite 109 Alameda, California 94501 Telephone: [phone] Facsimile : [phone] Attorneys for Plaintiff STEVEN SMYRNI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STEVEN SMYRNI, Plaintiff, v. US INVESTIGATIVE SERVICES LLP PLAN; LIFE INSURANCE COMPANY OF NORTH AMERICA; Real Party in Interest, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C08-4360 PJH (MEJ) STIPULATION AND PROPOSED ORDER TO CONTINUE THE JUNE 10, 2010 CASE MANAGEMENT CONFERENCE Date: June 10, 2010 Time: 1:30 p.m. Courtroom: C, 15th Floor

IT IS HEREBY STIPULATED, by and between plaintiff Steven Smyrni ("Plaintiff), defendant US Investigative Services LLP Plan, and real party in interest Life Insurance Company of North America (jointly "Defendants"), through their attorneys of record, as follows: ///
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WHEREAS, on March 5, 2010, the Court ordered the parties to appear for a further case management conference on May 6, 2010 to determine if any additional proceedings are necessary; WHEREAS, the parties submitted a stipulated request to continue the May 6, 2010 case management conference by thirty days to allow the parties to finalize all remaining issues of the case; WHEREAS, the Court granted the parties stipulated request on May 3, 2010, and ordered the parties to appear for a further case management conference on June 10, 2010; WHEREAS, the parties agree that all issues have been resolved except that Defendants are in the process of sending Plaintiff a check for prejudgment interest, which Plaintiff should receive within the next week; WHEREAS, the parties will file a stipulation for dismissal upon Plaintiff's receipt of the prejudgment interest check; /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
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NOW THEREFORE, the parties stipulate to continuing the June 10, 2010 further case management conference by thirty days; IT IS SO STIPULATED. Dated: June 9, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

By: /s/ Sean P. Nalty_________________ Sean P. Nalty, Esq. Attorney for Defendant LIFE INSURANCE COMPANY OF NORTH AMERICA and US INVESTIGATIVE SERVICES PLAN LLP Dated: June 9, 2010 THE LAW OFFICES OF LAURENCE F. PADWAY

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By: ___/s/ Laurence F. Padway_________ Laurence F. Padway Attorney for Plaintiff STEVEN SMYRNI ORDER Based on the stipulation of the parties, the further case management conference currently scheduled for June 10, 2010, is continued to July 8, 2010 at 2:00 p.m. IT IS SO ORDERED. Date: 6/10/10 By:
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HONORABLE PHYLLIS J. HAMILTON ERED O ORD United States District Judge IT IS S
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CERTIFICATE OF SERVICE I hereby certify that on June 9, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 9, 2010.

/s/ Shivani Nanda SHIVANI NANDA WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: [phone] Fax: [phone]

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