Affonso v. Metropolitan Life Insurance Company et al

Filing 31

STIPULATION AND ORDER FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT re 30 Stipulation filed by Gary E. Affonso. Signed by Judge Phyllis J. Hamilton on 4/12/11. (nah, COURT STAFF) (Filed on 4/12/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 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 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) PLAINTIFF, ) ) v. ) ) METROPOLITAN LIFE INSURANCE ) COMPANY; MORGAN STANLEY SMITH ) BARNEY LLC (APPEARING AS MORGAN ) STANLEY & CO., INC.), A CORPORATION); ) ) and MORGAN STANLEY & CO., ) INCORPORATED, BASIC AND SUPPLEMENTAL LIFE INSURANCE PLAN: ) ) 501, A BUSINESS ENTITY OF UNKNOWN ) FORM ) ) DEFENDANTS. ) GARY E. AFFONSO /// /// /// [Proposed] Order re Stipulation to File First Amended Complaint 1 Case No.: 4:10-cv-05054 PJH [PROPOSED] ORDER RE STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT 1 2 3 4 5 IT IS SO ORDERED THAT: 1. Based on the Stipulation of the Parties, the Court hereby orders that Plaintiff may file his First Amended Complaint forthwith without a motion for leave; 2. The filing of Plaintiff’s First Amended Complaint is without prejudice as to the respective rights of the Defendants to answer or file motions challenging the merits of the claims set 6 9 10 11 12 3. Defendant Metropolitan Life Insurance Company shall file its Response within 14 days of the date counsel for said Defendant is served electronically with the First Amended Complaint; and 4. Defendant Morgan Stanley Smith Barney LLC (appearing as Morgan Stanley & Co., Inc.) shall file its Response within 45 days of the date counsel for said Defendant is served electronically with the First Amended Complaint. 13 RT U O PHYLLIS J. HAMILTON JUDGE, UNITED STATES DISTRICT COURT 15 16 17 I RT 19 hylli Judge P ER 21 22 23 24 25 26 27 28 [Proposed] Order re Stipulation to File First Amended Complaint 2 ilton A H 20 ERED s J. Ham NO 18 ORD T IS SO LI UNIT ED S 14 S DISTRICT TE _______________________________ C TA 12 Date: April __, 2011 R NIA 8 forth in the First Amended Complaint; FO 7 N F D IS T IC T O R C PROOF OF SERVICE BY ELECTRONIC SERVICE 1 I am employed in the County of San Francisco, State of California. 2 3 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. 4 On April 8, 2011, I served the foregoing documents described as: 5 1. STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT WITH FIRST AMENDED COMPLAINT ATTACHED AS EXHIBIT A; and 2. [PROPOSED] ORDER RE STIPULATION TO FILE FIRST AMENDED COMPLAINT 6 7 8 9 10 11 12 13 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 14 15 16 Mark Boennighausen, Esq. Law Offices of Steven A. Ellenberg 4 North Second Street, Suite 1240 San Jose, CA 95113 ATTORNEY FOR DEFENDANT MORGAN STANLEY 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. 17 18 19 BY PERSONAL SERVICE. I caused to be delivered such envelope by hand to the offices of the addressee. 20 22 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. 23 Executed April 8, 2011 at San Francisco, California. 21 X 24 25 26 27 X (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. 28 By____/s/ Freshta Maftoon__________________ FRESHTA MAFTOON

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