Affonso v. Metropolitan Life Insurance Company et al

Filing 29

ORDER EXTENDING TIME FOR PLAINTIFF TO FILE A STIPULATION TO FILE FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, MOTION FOR LEAVE TO FILE AMENDED COMPLAINT re 27 Stipulation filed by Gary E. Affonso. Signed by Judge Phyllis J. Hamilton on 4/5/11. (nah, COURT STAFF) (Filed on 4/5/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 IN THE UNITED STATES DISTRICT COURT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// GUY O. KORNBLUM (SBN 39974) GUY KORNBLUM & ASSOCIATES 1388 Sutter St., Suite 820 San Francisco, CA 94109 Telephone: (415) 440-7800 Facsimile: (415) 440-7898 ROBERT N. WEAVER (SBN 72738) LESS & WEAVER 1388 Sutter Street, Suite 800 San Francisco, CA 94109 Telephone: (415) 398-9800 Facsimile: (415) 989-0841 LAURENCE F. PADWAY (SBN 89314) LAW OFFICES OF LAURENCE F. PADWAY 1516 Oak St., Suite 109 Alameda, CA 94501 Telephone: (510) 814-6100 Facsimile: (510 814-0650 Attorneys for Plaintiff GARY E. AFFONSO FOR THE NORTHERN DISTRICT OF CALIFORNIA GARY E. AFFONSO PLAINTIFF, v. METROPOLITAN LIFE INSURANCE COMPANY; MORGAN STANLEY SMITH BARNEY LLC (PLAN ADMINISTRATOR) DEFENDANTS. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 4:10-cv-05054 PJH [PROPOSED] ORDER RE STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE A STIPULATION TO FILE FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT [Proposed] Order re Stipulation to Extend Time for Plaintiff to File a Stipulation to File First Amended Complaint or, Alternatively, Motion for Leave to File First Amended Complaint 1 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 IT IS SO ORDERED THAT: The April 4, 2011 Stipulation the parties entered into through their respective attorneys of record providing Plaintiff through Friday, April 8, 2011 to file a Stipulation to File Amended Complaint or, alternatively, to file a Motion for Leave to File First Amended Complaint is GRANTED. 4/5/11 Date: __________________ UNIT ED ICT SD _______________________________ TE C TA PHYLLIS J. HAMILTON UNITED STATES DISTRICT COURT JUDGE RT U O S R NIA FO A ISTR I ORD T IS SO hylli Judge P ERED s J. Ham ilton ER N F D IS T IC T O R C [Proposed] Order re Stipulation to Extend Time for Plaintiff to File a Stipulation to File First Amended Complaint or, Alternatively, Motion for Leave to File First Amended Complaint 2 LI NO RT H 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 X X X PROOF OF SERVICE BY ELECTRONIC SERVICE I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is 1388 Sutter Street, Suite 820, San Francisco, California 94109. On April 5, 2011, I served the foregoing documents described as: [PROPOSED] ORDER RE STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE A STIPULATION TO FILE FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT on the interested parties in this action by causing said document to be transmitted using ECF and by placing true copies thereof enclosed in sealed envelope(s) addressed as follows: Rebecca Hull, Esq. Erin Cornell, Esq. Sedgwick, LLP One Market Plaza Steuart Tower, 8th Fl San Francisco, CA 94105-1008 ATTORNEYS FOR DEFENDANT METROPOLIRTAN LIFE INSURANCE COMPANY BY MAIL. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at San Francisco, California in the ordinary course of business. BY PERSONAL SERVICE. I caused to be delivered such envelope by hand to the offices of the addressee. BY ELECTRONIC MAIL. The parties to this action who have submitted their email addresses to the Court's Electronic Case Filing (ECF) system received the forgoing document electronically. Executed April 5, 2011 at San Francisco, California. (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. By____/s/ Patrick Sacco__________________ PATRICK SACCO Mark Boennighausen, Esq. Law Offices of Steven A. Ellenberg 4 North Second Street, Suite 1240 San Jose, CA 95113 ATTORNEY FOR DEFENDANT MORGAN STANLEY

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