Affonso v. Metropolitan Life Insurance Company et al
Filing
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STIPULATION AND ORDER CONTINUING MOTIONS HEARING re 75 Stipulation, filed by Gary E. Affonso. Signed by Judge Phyllis J. Hamilton on 6/22/11. (nah, COURT STAFF) (Filed on 6/22/2011)
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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
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GARY E. AFFONSO
PLAINTIFF,
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v.
METROPOLITAN LIFE INSURANCE
COMPANY; MORGAN STANLEY SMITH
BARNEY LLC (PLAN ADMINISTRATOR)
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DEFENDANTS.
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Case No.: CV 10 5054 PJH
PLAINTIFF’S AND DEFENDANTS’
STIPULATION REGARDING: 1)
METROPOLITAN LIFE INSURANCE
COMPANY'S AND MORGAN STANLEY
BENEFITS PLAN'S MOTION FOR ABUSE
OF DISCRETION REVIEW; 2) PLAINTIFF'S
MOTION TO AUGMENT THE
ADMINISTRATIVE RECORD; AND 3)
DEFENDANT MORGAN STANLEY & CO
INCORPORATED'S MOTION TO DISMISS
AND ORDER
Date: June 22, 2011
Time: 9: 00 a.m.
Ctrm: 3, Third Floor (Oakland)
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Parties’ Stipulation Regarding the Parties’ June 22, 2011 Motions--CV 10 5054 PJH
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Plaintiff’s Counsel has represented to the parties and the Court that Plaintiff’s Counsel, Larry
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Padway, is ill, suffering from the flu in the course of recuperating from a knee surgery. Plaintiff’s
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counsel has further advised that Mr. Padway is Plaintiff’s ERISA specialist, and the only attorney on
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Plaintiff’s team who is knowledgeable regarding the ERISA issues presented by the following three
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motions set for hearing at 9:00 a.m. on June 22, 2011 before this Court: 1) Defendants Metropolitan Life
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Insurance Company's and Morgan Stanley Benefits Plan's Motion for Abuse of Discretion Review; 2)
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Plaintiff's Motion to Augment the Administrative Record; and 3) Defendant Morgan Stanley & Co
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Incorporated's Motion to Dismiss the Third Claim for Relief Contained in Plaintiff's First Amended
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Complaint (collectively referred to hereafter has the “Three Motions”). As a result of Mr. Padway’s
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illness, Plaintiff’s counsel has represented that it is impossible for Mr. Padway to appear at tomorrow’s
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hearing on the Three Motions.
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In light of Plaintiff’s Counsel’s representations regarding Mr. Padway’s illness, his inability to
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attend tomorrow’s hearing and the role that he serves as Plaintiff’s ERISA specialist, the Parties, by and
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through their respective counsel hereby stipulate: 1) to submit the Three Motions on the papers, and thus
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without a corresponding hearing, provided that the Court has no related questions of counsel and
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believes that there is no need for a hearing on the Three Motions; and 2) in the event that the Court has
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questions and/or feels that a hearing on the Three Motions is necessary, to continue the hearing on the
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Three Motions to a future date that is convenient to the parties and the Court.
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Date: June 21, 2011
Respectfully submitted,
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GUY KORNBLUM & ASSOCIATES
LESS & WEAVER
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By: ____/s/ Guy Kornblum_____________
GUY O. KORNBLUM
Counsel for PLAINTIFF
Parties’ Stipulation Regarding the Parties’ June 22, 2011 Motions--CV 10 5054 PJH
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SEDGWICK DETERT MORAN & ARNOLD LLP
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By: ___/s/ Rebecca Hull ___________________________
REBECCA A. HULL
ERIN A. CORNELL
Counsel for Defendant METROPOLITAN LIFE
INSURANCE COMPANY, MORGAN STANLY
BENEFITS PLAN, incorrectly sued herein as
MORGAN STANLEY & CO., INCORPORATED,
BASIC AND SUPPLEMENTAL LIFE
INSURANC PLAN: 501
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LAW OFFICES OF STEVEN A. ELLENBERG
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By: ___/s/ Mark Boennighausen___________________
MARK BOENNIGHAUSEN
Counsel for Defendant MORGAN STANLEY &
CO., INC.
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6/22/11
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S
UNIT
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IT IS S
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on
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RT
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ED
ORDER
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S DISTRICT
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D IS T IC T O
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THE MOTIONS HEARING IS CONTINUED
TO JUNE 29, 2011 AT 9:00 A.M. DUE TO
THE COURT'S CALENDAR ALREADY
BEING FULL ON JUNE 29, 2011 THIS
CASE WILL BE CALLED LAST AND THE
PARTIES WILL HAVE TO MAKE DUE
WITH WHATEVER TIME IS LEFT AFTER
THE OTHER MATTERS HAVE BEEN
HEARD.
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Parties’ Stipulation Regarding the Parties’ June 22, 2011 Motions--CV 10 5054 PJH
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