Tarantinos, Inc. et al v. Conseco Life Insurance Company et al

Filing 37

STIPULATION AND ORDER EXTENDING DEADLINE TO FINALIZE SETTLMENT: That the parties are EXTENDED and additional (30) thirty-days until 12/01/09 to request reinstatement. Signed by Judge Saundra Brown Armstrong, on 10/26/09. (lrc, COURT STAFF) (Filed on 10/27/2009) Modified on 10/28/2009 (jlm, COURT STAFF).

COOPER, WHITE & COOPER LLP 1 STEPHEN KAUS (SBN 57454) [e-mail] 2 SCOTT M. McLEOD (SBN 242035) [e-mail] 3 201 California Street, 17th Floor San Francisco, California 94111 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Tarantinos, Inc. and MacMarin, 6 Inc. 7 8 9 10 11 12 TARANTINOS, INC., and MACMARIN, INC., 13 Plaintiffs, 14 vs. 15 CONSECO LIFE INSURANCE COMPANY, 16 JOHN S. LEIPSIC, INC.; and DOES ONE through TEN, 17 Defendants. 18 19 20 WHEREAS this matter, which seeks reinstatement of life insurance policies, has been CASE NO. CV 09 1974 SBA STIPULATION AND ORDER EXTENDING DEADLINE TO FINALIZE SETTLEMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Trial Date:

None set

21 settled in principle, 22 WHEREAS the parties so informed the Court and on September 17, 2009, this Court

23 issued an order dismissing the case with prejudice, but providing that "In the event that the 24 settlement is not reached, any party may move to reopen the case and the trial will be rescheduled, 25 provided that such motion is filed within 45 days of this order", (Docket No. 35, the "Order") 26 WHEREAS the forty-five days provided in the Order during which a motion to reopen the

27 case may be filed will expire on November 1, 2009,
COOPER, WHITE & COOPER LLP

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625406.1

ATTORNEYS AT LAW 201 CALIFORNIA STREET SAN FRANCISCO, CA 94111

1 CV 09 1974 SBA STIPULATION AND PROPOSED ORDER EXTENDING DEADLINE TO FINALIZE SETTLEMENT

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WHEREAS the parties remain agreed in principle, but the parties are still evaluating issues

2 concerning the payment of premiums that must be determined before a formal settlement 3 agreement can be signed, and 4 WHEREAS, the parties believe that they will require an additional thirty (30) days to reach

5 a final, formal settlement, 6 THEREFORE the parties stipulate and request the Court to issue an order extending the

7 forty-five (45) day period to request reinstatement in compliance with the Order an additional 8 thirty (30) days until December 1, 2009. DATED: October ___, 2009 9 10 11 12 13 14 15 16 17 So ordered, 18 19 20 21 22 23 24 25 26 27
COOPER, WHITE & COOPER LLP

BRADLEY ARANT BOULT CUMMINGS LLP

By: /s/ Jason A. Waters Jason A. Walters Attorneys for Conseco Insurance Company. DATED: October ___, 2009 COOPER, WHITE & COOPER LLP

By: /s/ Stephen Kaus Stephen Kaus Attorneys for Tarantinos, Inc. and MacMarin, Inc.

DATED: October_26, 2009

SAUNDRA BROWN ARMSTRONG United States District Judge

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625406.1

ATTORNEYS AT LAW 201 CALIFORNIA STREET SAN FRANCISCO, CA 94111

Stipulation and Proposed Order extending Deadline to Finalize Settlement

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CV 09 1974 SBA