Affonso v. Metropolitan Life Insurance Company et al

Filing 108

STIPULATION AND ORDER CONTINUING BRIEFING AND HEARING SCHEDULE FOR DISPOSITIVE MOTIONS re 107 Stipulation filed by Gary E. Affonso. Signed by Judge Phyllis J. Hamilton on 11/7/11. (nah, COURT STAFF) (Filed on 11/7/2011)

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LAW OFFICES OF LAURENCE F. PADWAY
LAURENCE F. PADWAY Bar No. 89314
[e-mail]
1516 Oak Street, Suite 109
Alameda, CA 94501
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Gary E. Affonso

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SEDGWICK LLP
REBECCA A. HULL Bar No. 99802
[e-mail]
ERIN A. CORNELL Bar No. 227135
[e-mail]
One Market Plaza, Steuart Tower, 8th Floor
San Francisco, CA 94105-1008
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
Metropolitan Life Ins. Co.; Morgan Stanley Benefits Plan
LAW OFFICES OF STEVEN A. ELLENBERG
MARK BOENNIGHAUSEN Bar No. 142147
[e-mail]
4 North Second Street, Suite 1240
San Jose, CA 95113-1308
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Morgan Stanley & Co., Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY E. AFFONSO,

Case No. C 10-05054 PJH

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Plaintiff,
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v.
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METROPOLITAN LIFE INSURANCE
COMPANY; MORGAN STANLEY SMITH
BARNEY LLC (APPEARING AS MORGAN
STANLEY & CO., INC.),; and MORGAN
STANLEY & CO., INCORPORATED, BASIC
AND SUPPLEMENTAL LIFE INSURANCE
PLAN: 501,

STIPULATION AND [PROPOSED]
ORDER CONTINUING BRIEFING AND
HEARING SCHEDULE FOR
DISPOSITIVE MOTIONS

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Defendants.
SF/2422476v1

STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING/HEARING SCHEDULE

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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SO STIPULATED AND RESPECTFULLY REQUESTED:
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Whereas, Plaintiff=s withdrawal of his currently pending Motion for Summary Judgment

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and his new/substituted motion for summary judgment is due on November 3, 2011;

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Whereas, counsel for plaintiff, Laurence F. Padway, has had a death in the family and has been

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called away from the office to take care of family matters; and

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Now, therefore, the parties stipulate to the following briefing schedule on the dispositive
motions as follows:

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Plaintiff=s opening brief: November 14, 2011

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Defendants= joint cross-motion and opposition: December 12, 2011

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Plaintiff=s opposition and reply: January 2, 2012

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Defendants= joint reply: January 17, 2011

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Hearing: February 1, 2012 at 9:00 a.m.

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DATED: November 3, 2011

LAW OFFICES OF LAURENCE F. PADWAY

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By:

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/s/
Laurence F. Padway
Attorneys for Plaintiff
Gary E. Affonso

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DATED: November 3, 2011

SEDGWICK LLP

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By:

/s/
Rebecca A. Hull
Erin A. Cornell
Attorneys for Defendants
Metropolitan Life Insurance Company; Morgan Stanley
Benefits Plan

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SF/2422476v1

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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING/HEARING SCHEDULE

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DATED: November 3, 2011

LAW OFFICES OF STEVEN A. ELLENBERG

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By:

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/s/
Mark Boennighausen
Attorneys for Defendant
Morgan Stanley & Co., Inc.

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ORDER

11/7/11
DATED: __________

J

ER

ORD

yllis J.
udge Ph

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n

Hamilto

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RT

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O
IT IS S

NO

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HONORABLE PHYLLIS J. HAMILTON
UNITED STATES ERED
DISTRICT JUDGE

R NIA

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UNIT
ED

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S DISTRICT
TE
C
TA

RT
U
O

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S

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FO

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the hearing on the cross-motions for judgment shall be held on February 1, 2012 at 9:00 a.m.

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It is so ordered. The briefing schedule set forth in the parties’ stipulation is adopted, and

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N

D IS T IC T
R

OF

C

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SF/2422476v1

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STIPULATION AND [PROPOSED] ORDER CONTINUING BRIEFING/HEARING SCHEDULE