Doe v. Life Insurance Company of North America et al

Filing 50

STIPULATION AND ORDER TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT. Signed by Judge Beeler on 2/16/2010. (lblc2, COURT STAFF) (Filed on 2/16/2010) Modified on 2/17/2010 (cjl, COURT STAFF).

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SEAN P. NALTY (SBN 121253) [e-mail] SHILPA G. DOSHI (SBN 253024) [e-mail] WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Tel: [phone] Fax: [phone] Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA and LONG TERM DISABILITY PLAN FOR EMPLOYEES OF EXCITE, INC. TERESA S. RENAKER (SBN 187800) [e-mail] LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Ste. 1800 Oakland, CA 94612 Tel: [phone] Fax: [phone] Attorneys for Plaintiff JOHN DOE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN DOE, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA and LONG TERM DISABILITY PLAN FOR EMPLOYEES OF EXCITE, INC., Defendants. /// /// /// ///
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Case No.: CV09-01665 LB STIPULATION TO EXTEND TIME TO FILE MOTION FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER Location: Oakland Judge: Hon. Laurel Beeler

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WHEREAS, Plaintiff John Doe brought this action to recover long term disability benefits; WHEREAS, Defendant Life Insurance Company of North America ("LINA") approved Plaintiff's claim for long term disability benefits after the filing of this action; WHEREAS, the only remaining issue in this case is whether Plaintiff is entitled to a life insurance waiver of premium benefit, through a group life insurance policy issued by LINA to the National Employer Group Insurance Trust, with Plaintiff's former employer Excite Inc. as a participating subscriber, Policy No. SGM-500668 (the "Policy"); WHEREAS, the parties are attempting to informally resolve the issue of Plaintiff's entitlement to the waiver of premium benefit under the Policy; WHEREAS, in the Joint Status Statement filed by the parties on January 21, 2010, Plaintiff indicated that he intended to file a motion for summary judgment on the waiver of premium issue no later than February 12, 2010; WHEREAS, the parties would like an additional two weeks to try to informally resolve the waiver of premium issue; WHEREAS, there have been no previous stipulations to extend the time to file the motion for summary judgment on the waiver of premium issue; WHEREAS, the Court vacated all deadlines in this case on January 26, 2010; WHEREAS, the Court's Order Vacating Status Conference, filed January 26, 2010, states that the parties shall file a joint statement requesting a case management conference if Plaintiff chose not to file a motion for summary judgment by February 12, 2010; WHEREAS, the parties would like to continue the date by which to request a case management statement in order to try to informally resolve the waiver of premium issue; NOW, THEREFORE, the parties stipulate as follows: If the parties cannot informally resolve the waiver of premium issue within two weeks, Plaintiff will file a motion for summary judgment no later than February 26, 2010. If Plaintiff elects not to file a motion for summary judgment by February 26, 2010, the parties will file a joint statement regarding the status of the case and a request for a case

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management conference. Date: February 12, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Shilpa G. Doshi SEAN P. NALTY SHILPA G. DOSHI Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA and LONG TERM DISABILITY PLAN FOR EMPLOYEES OF EXCITE, INC.

Date: February 12, 2010 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. By: /s/ Teresa S. Renaker TERESA S. RENAKER Attorneys for Plaintiff JOHN DOE

IT IS SO ORDERED. Dated: February 16, 2010 __________/s/______________________ LAUREL BEELER United States Magistrate Judge

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