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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GUY O. KORNBLUM (SBN 39974)
GUY KORNBLUM & ASSOCIATES
1388 Sutter St., Suite 820
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
ROBERT N. WEAVER (SBN 72738)
LESS & WEAVER
1388 Sutter Street, Suite 800
San Francisco, CA 94109
Telephone: [phone]
Facsimile: [phone]
LAURENCE F. PADWAY (SBN 89314)
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak St., Suite 109
Alameda, CA 94501
Telephone: [phone]
Facsimile: (510 814-0650
Attorneys for Plaintiff
GARY E. AFFONSO

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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)
)
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

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[Proposed] Order re Stipulation
to File First Amended
Complaint

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Case No.: 4:10-cv-05054 PJH

[PROPOSED] ORDER RE STIPULATION
FOR PLAINTIFF TO FILE FIRST
AMENDED COMPLAINT

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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

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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.

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RT
U
O

PHYLLIS J. HAMILTON
JUDGE, UNITED STATES DISTRICT COURT

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I

RT

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hylli
Judge P

ER

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[Proposed] Order re Stipulation
to File First Amended
Complaint

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ilton

A

H

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ERED

s J. Ham

NO

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ORD
T IS SO

LI

UNIT
ED

S

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S DISTRICT
TE
_______________________________
C
TA

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Date: April __, 2011

R NIA

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forth in the First Amended Complaint;

FO

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N

F
D IS T IC T O
R

C

PROOF OF SERVICE BY ELECTRONIC SERVICE

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I am employed in the County of San Francisco, State of California.

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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.

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On April 8, 2011, I served the foregoing documents described as:

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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

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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

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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.

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BY PERSONAL SERVICE. I caused to be delivered such envelope by hand to the offices of
the addressee.

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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.

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Executed April 8, 2011 at San Francisco, California.

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X

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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.

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By____/s/ Freshta Maftoon__________________
FRESHTA MAFTOON