Castor v. Conseco Senior Health Insurance Company et al

Filing 35

STIPULATION AND ORDER extending the private mediation deadline to 07/15/09. Signed by Judge Phyllis J. Hamilton on 06/11/09. (rbe, COURT STAFF) (Filed on 6/11/2009)

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Jamie L. Moore (admitted pro hac vice) E-Mail: [e-mail] D. Brian O'Dell (admitted pro hac vice) E-Mail: [e-mail] Jason R. Bushby (admitted pro hac vice) E-Mail: [e-mail] BRADLEY ARANT BOULT CUMMINGS LLP One Federal Place 1819 Fifth Avenue North Birmingham, Alabama 35203 Telephone: [phone] Facsimile: 205-521-8800 Andrew B. Downs, SBN 111435 E-Mail: [e-mail] Judith A. Whitehouse, SBN 198176 E-Mail: [e-mail] BULLIVANT HOUSER BAILEY PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: [phone] Facsimile: 415-352-2701 Attorneys for Defendant Conseco Senior Health Insurance Company IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JACK CASTOR, Plaintiff, vs. CONSECO SENIOR HEALTH INSURANCE COMPANY & AIG LIFE INSURANCE COMPANY, Defendants. ) ) ) ) CIVIL ACTION NO.: 3:08-CV-4720 PJH ) ) STIPULATION TO EXTEND PRIVATE ) MEDIATION DEADLINE; PROPOSED ORDER ) ) ) ) 1
STIPULATION TO EXTEND PRIVATE MEDIATION DEADLINE
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COME NOW the parties, plaintiff Jack Castor ("Plaintiff"), defendant Conseco Senior Health Insurance Company ("CSHIC"), and defendant AIG Life Insurance Company ("AIG") (collectively the "Parties"), by and through their respective counsel, and pursuant to Civil L. R. 7-11, hereby respectfully request an order from this Court amending the scheduling order to extend the private mediation deadline to July 15, 2009. In support thereof, the Parties show good cause and stipulate as follows: 1. On or about January 27, 2009, the Court entered its scheduling order in this action,

stating that private mediation is "to be completed within 5 months" - by June 27, 2009, in other words. 2. In April 2009, CSHIC sought new counsel to defend its interests in this action,

substituting in new counsel of record on or about April 28, 2009. Said substitution inevitably created a slight delay in the progress of the litigation of this action. 3. Since then, however, the Parties have continually discussed their mediation

obligations in this case and, ultimately, jointly selected the Honorable Edward A. Infante to serve as the mediator in the case. 4. Counsel for each party in this case resides in a different California city. The actual

Parties in this action live in three different states. Taking into account each party's, and their respective counsel's, travel arrangements, coupled with Judge Infante's limited availability, scheduling a mutually agreeable mediation date prior to June 27, 2009 was not feasible. 5. Accordingly, on or about May 20, 2009, the Parties scheduled the mediation with

Judge Infante for July 15, 2009, subject to the Court's approval. 6. In light of the foregoing, the Parties respectfully request that this Court extend the

private mediation deadline in this case to July 15, 2009. 2
STIPULATION TO EXTEND PRIVATE MEDIATION DEADLINE
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WHEREFORE, PREMISES CONSIDERED, the Parties respectfully request that this Court enter an Order amending its scheduling order and extending the private mediation deadline in this action to July 15, 2009. DATED: June 8, 2009

BRADLEY ARANT BOULT CUMMINGS LLP
By: s/Jamie L. Moore Jamie L. Moore (admitted pro hac vice) D. Brian O'Dell (admitted pro hac vice) Jason R. Bushby (admitted pro hac vice) BULLIVANT HOUSER BAILEY PC Andrew B. Downs, SBN 111435 Judith A. Whitehouse, SBN 198176 Attorneys for Defendant Conseco Senior Health Insurance Company

DATED: June 8, 2009

KANTOR & KANTOR, LLP By: s/Corinne Chandler Corinne Chandler Attorneys for Plaintiff Jack Castor

DATED: June 8, 2009

WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP By: s/Dennis J. Rhodes Adrienne Clare Publicover Dennis J. Rhodes Attorneys for Defendant AIG Life Insurance Company

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STIPULATION TO EXTEND PRIVATE MEDIATION DEADLINE
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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED: the private mediation deadline is hereby extended to July 15, 2009.

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DATED: 06/11/09

UNITED STATES DISTRICT JUDGE

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STIPULATION TO EXTEND PRIVATE MEDIATION DEADLINE

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