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

Filing 39

SECOND STIPULATION AND ORDER: Extending Deadline to Finalize Settlement for an additional (30) thirty-days. Signed by Judge Saundra Brown Armstrong, on 11/30/09. (lrc, COURT STAFF) (Filed on 12/1/2009) Modified on 12/3/2009 (jlm, COURT STAFF).

Case4:09-cv-01974-SBA Document38

Filed11/25/09 Page1 of 2

1 COOPER, WHITE & COOPER LLP STEPHEN KAUS (SBN 57454) 2 skaus(£cwc1aw. com SCOTT M. McLEOD (SBN 242035)
3 smc1eod(£cwc1aw.com

201 California Street, 1 ih Floor
4 San Francisco, California 94111

Telephone: [phone] Facsimile: [phone]
6 Attorneys for Tarantinos, Inc. and MacMarin,

Inc.
7 8

UNITED STATES DISTRICT COURT
9

NORTHERN DISTRICT OF CALIFORNIA
10

OAKLAND DIVISION
11

12

T ARANTINOS, INC., and MACMAR, 13 INC.,
14 15

CASE NO. CV 091974 SBA

Plaintiffs,
vs.

SECOND STIPULATION AND PROPOSED ORDER EXTENDING DEADLINE TO FINALIZE SETTLEMENT

16 CONSECO LIFE INSURCE COMPANY,
JOHN S. LEIPSIC, INC.; and DOES ONE
17 through TEN,

Trial Date:
18 19

None set

Defendants.

20

WHREAS this matter, which seeks reinstatement of life insurance policies, has been

21 settled in principle,
22

WHREAS 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 fied within 45 days of

this order", (Docket No. 35, the "Order")

26

WHREAS the forty-five days provided in the Order during which a motion to reopen the

27 case may be fied would have expired on November 1,2009,

28
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

WHREAS the parties previously stipulated and the Court issued an order extending the

626807. i 1 CV 09 1974 SBA
SECOND STIPULATION AND PROPOSED ORDER EXTENDING DEADLINE TO FINALIZE SETTLEMENT

Case4:09-cv-01974-SBA Document38

Filed11/25/09 Page2 of 2

1 forty-five (45) day period to request reinstatement in compliance with the Order an additional

2 thirty (30) days until December 1, 2009, (Docket No. 37)

3

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

4 concerning the payment of premiums that must be determined before a formal settlement
5 agreement can be signed, and

6

WHREAS, the parties believe that they will require an additional thirty (30) days to reach

7 a final, formal settlement,
8

THEREFORE the parties stipulate and request the Court to issue an order extending the

9 period to request reinstatement in compliance with the Order an additional thirty (30) days until
10 December 31,2009.

11 DATED: November 25, 2009
12 13 14

BRADLEY ARANT BOULT CUMMINGS LLP

By: Isl Jason A. Waters
Jason A. Walters Attorneys for Conseco Insurance Company.

15 DATED: November 25, 2009
16 17 18 19

COOPER, WHITE & COOPER LLP

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

So ordered,

20
21

22

NOVEMBER 30, 2009 XXXXXXXXX
SAUNRA

23 DATED: October -' 2009
24 25 26 27 28
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

BROWN ARSTRONG

United States District Judge

626807. i 2 CV 09 1974 SBA
SECOND STIPULATION AND PROPOSED ORDER EXTENDING DEADLINE TO FINALIZE SETTLEMENT