Franks v. Aetna Life Insurance Company et al

Filing 37

ORDER GRanting 36 Stipulation FOR 60-DAY CONDITIONAL DISMISSAL. Signed by Judge Claudia Wilken on 4/5/2011. (ndr, COURT STAFF) (Filed on 4/5/2011)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JULIAN M. BAUM (CA State Bar No. 130892) LISA A. LAWRENCE (CA State Bar No. 132310) JULIAN M. BAUM & ASSOCIATES 9 Tenaya Lane Novato, California 94947 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] [e-mail] Attorneys for Plaintiff TAD A. DEVLIN (SBN 190355) JOEL A. MORGAN (SBN 262937) GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants AETNA LIFE INSURANCE COMPANY, SPRINT/UNITED MANAGEMENT COMPANY AND THE SPRINT/UNITED MANAGEMENT COMPANY LONG TERM DISABILITY PLAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) ) v. ) ) AETNA LIFE INSURANCE COMPANY; ) THE SPRINT/UNITED MANAGEMENT ) COMPANY LONG TERM DISABILITY PLAN; SPRINT/UNITED MANAGEMENT ) COMPANY, in its capacity as Plan ) Administrator, ) ) ) Defendants. MICHAEL FRANKS, an individual,

Case No. C 10-03880 CW STIPULATION AND ORDER FOR 60DAY CONDITIONAL DISMISSAL Case Management Conference: Date: April 5, 2011 Courtroom: Hon. Claudia Wilken United States District Judge

STIPULATION AND PROPOSED ORDER FOR CONDITIONAL DISMISSAL

Page 1 of 3

Case No. C 10-03880 CW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /// 27 28 /// /// ///

WHEREAS, the parties anticipate resolving by agreement any and all remaining issues in this action; and WHEREAS the parties in this action are currently set to attend the Court's Case Management Conference scheduled for April 5, 2011; The parties in this action, Plaintiff Michael Franks and Defendants Aetna Life Insurance Company and Sprint/United Management Company Long Term Disability Plan, and Sprint/United Management Company (collectively referred to herein as "Defendants"), by and through their respective counsel of record, hereby stipulate as follows: The parties stipulate and respectfully request that the Court enter a 60-day conditional dismissal of the action, in the form of the proposed Order set forth below. IT IS SO STIPULATED: Dated: April 1, 2011 Respectfully Submitted, JULIAN M. BAUM & ASSOCIATES /s/ Julian M. Baum By: ____________________ Julian M. Baum Attorneys for Plaintiff Dated: April 1, 2011 GORDON & REES LLP /s/ Tad. A. Devlin By: ___________________________ Tad A. Devlin Attorneys for Defendants

STIPULATION AND PROPOSED ORDER FOR CONDITIONAL DISMISSAL

Page 2 of 3

Case No. C 10-03880 CW

1 2 3 4 5 6 7 then the foregoing Order shall stand vacated and this cause shall forthwith be restored to the 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND PROPOSED ORDER FOR CONDITIONAL DISMISSAL

ORDER

The parties having so stipulated, IT IS HEREBY ORDERED that this cause is dismissed with prejudice; provided, however, that if any party shall certify to this Court, within 60 days from the date of entry of this Order, that settlement of this action has not been consummated,

Court's calendar for further proceedings. IT IS SO ORDERED.

Dated: 4/5/2011

___________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Page 3 of 3

Case No. C 10-03880 CW