Allyn v. Metropolitan Life Insurance Company et al

Filing 78

STIPULATION AND ORDER, Set/Reset Deadlines as to Cross-motions due 9/1/11. Responses due by 9/15/2011. Replies due by 9/22/2011. Motion Hearing set for 10/13/2011 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 5/3/11. (lrc, COURT STAFF) (Filed on 5/3/2011)

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SEDGWICK LLP
REBECCA A. HULL Bar No. 99802
MICHELLE Y. MAGSAYSAY Bar No. 215294
[e-mail]
[e-mail]
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Metropolitan Life Insurance Company

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CHARLOTTE CHAPMAN ALLYN
[e-mail]
P.O. BOX 2026
Napa, California 94558
Telephone: [phone]

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PLAINTIFF, IN PRO PER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Charlotte Chapman Allyn,
Plaintiff,

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v.

CASE NO. C09-05671 SBA
STIPULATION FOR CONTINUANCE OF
BRIEFING SCHEDULING ON CROSSMOTIONS FOR SUMMARY JUDGMENT;
ORDER

Metropolitan Life Insurance Company,
Defendant.

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CASE NO. C09-05671 SBA
STIPULATION FOR CONTINUANCE OF BRIEFING SCHEDULING ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT; [PROPOSED] ORDER

SF/2174915v1

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Charlotte

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Chapman Allyn (“Plaintiff”), in pro per, and defendant Metropolitan Life Insurance Company

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(“MetLife”), that due to ongoing settlement negotiations, the parties request a continuance of the

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current briefing and hearing schedule previously set by the Court.

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This is an action governed by the Employee Retirement Income Security Act (“ERISA”).

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On January 26, 2011, the Court held a case management conference. Following the conference,

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the Court issued a minute order setting a briefing schedule and hearing date for the parties’

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cross-motions for summary judgment in this ERISA action. [ECF No. 64.] Pursuant to the

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Court’s order, the parties’ motion papers are to be filed by May 3, 2011, oppositions by May 17,

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2011, and replies by May 24, 2011. The Court set a hearing date of June 7, 2011 at 1:00 p.m.

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On April 8, 2011, the parties participated in a settlement conference before Magistrate

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Judge Bernard Zimmerman. [ECF No. 73.] As Magistrate Judge Zimmerman reported in his

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minute order following the settlement conference, “[p]arties agreed to a process that could lead

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to a settlement within 30-60 days.” [ECF No. 73.] The settlement process is continuing.

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The parties therefore request the following new briefing and hearing schedule on cross-

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motions for summary judgment: motion papers to be filed by June 21, 2011, oppositions by July

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5, 2011, replies by July 12, 2011, and a hearing date of July 26, 2011 at 1:00 p.m.

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IT IS SO STIPULATED.
DATED: April , 2011

SEDGWICK LLP

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By: /s/ Rebecca A. Hull
Rebecca A. Hull
Michelle Y. Magsaysay
Attorneys for Defendant
Metropolitan Life Insurance Company

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DATED: April

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, 2011

By: /s/ Charlotte Chapman Allyn (authorized 4/27/11)
Charlotte Chapman Allyn
Plaintiff, In Pro Per

-2CASE NO. C09-05671 SBA
STIPULATION FOR CONTINUANCE OF BRIEFING SCHEDULING ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT; [PROPOSED] ORDER

SF/2174915v1

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ORDER

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Good cause appearing, the Court orders that the hearing on the parties’ cross-motions for

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summary judgment shall be set on the next available hearing date of October 13, 2011 at 1:00

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p.m. The parties are to file their cross-motions for summary judgment pursuant to the following

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revised schedule: motion papers are to be filed by September 1, 2011, oppositions are to be filed

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by September 15, 2011, and replies by September 22, 2011.

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IT IS SO ORDERED.

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Date: 5/3/11

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_______________________________
Honorable Saundra Brown Armstrong
Untied States District Court Judge

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-3CASE NO. C09-05671 SBA
STIPULATION FOR CONTINUANCE OF BRIEFING SCHEDULING ON CROSS-MOTIONS FOR
SUMMARY JUDGMENT; [PROPOSED] ORDER

SF/2174915v1