Affonso v. Metropolitan Life Insurance Company et al

Filing 76

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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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 GARY E. AFFONSO PLAINTIFF, 21 v. METROPOLITAN LIFE INSURANCE COMPANY; MORGAN STANLEY SMITH BARNEY LLC (PLAN ADMINISTRATOR) 22 DEFENDANTS. 20 23 24 25 ) ) ) ) ) ) ) ) ) ) ) ) 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) 26 27 28 Parties’ Stipulation Regarding the Parties’ June 22, 2011 Motions--CV 10 5054 PJH 1 1 2 Plaintiff’s Counsel has represented to the parties and the Court that Plaintiff’s Counsel, Larry 3 Padway, is ill, suffering from the flu in the course of recuperating from a knee surgery. Plaintiff’s 4 counsel has further advised that Mr. Padway is Plaintiff’s ERISA specialist, and the only attorney on 5 Plaintiff’s team who is knowledgeable regarding the ERISA issues presented by the following three 6 motions set for hearing at 9:00 a.m. on June 22, 2011 before this Court: 1) Defendants Metropolitan Life 7 8 Insurance Company's and Morgan Stanley Benefits Plan's Motion for Abuse of Discretion Review; 2) 9 Plaintiff's Motion to Augment the Administrative Record; and 3) Defendant Morgan Stanley & Co 10 Incorporated's Motion to Dismiss the Third Claim for Relief Contained in Plaintiff's First Amended 11 Complaint (collectively referred to hereafter has the “Three Motions”). As a result of Mr. Padway’s 12 illness, Plaintiff’s counsel has represented that it is impossible for Mr. Padway to appear at tomorrow’s 13 hearing on the Three Motions. 14 15 In light of Plaintiff’s Counsel’s representations regarding Mr. Padway’s illness, his inability to 16 attend tomorrow’s hearing and the role that he serves as Plaintiff’s ERISA specialist, the Parties, by and 17 through their respective counsel hereby stipulate: 1) to submit the Three Motions on the papers, and thus 18 without a corresponding hearing, provided that the Court has no related questions of counsel and 19 believes that there is no need for a hearing on the Three Motions; and 2) in the event that the Court has 20 questions and/or feels that a hearing on the Three Motions is necessary, to continue the hearing on the 21 22 Three Motions to a future date that is convenient to the parties and the Court. 23 Date: June 21, 2011 Respectfully submitted, 24 25 GUY KORNBLUM & ASSOCIATES LESS & WEAVER 26 27 28 By: ____/s/ Guy Kornblum_____________ GUY O. KORNBLUM Counsel for PLAINTIFF Parties’ Stipulation Regarding the Parties’ June 22, 2011 Motions--CV 10 5054 PJH 2 1 SEDGWICK DETERT MORAN & ARNOLD LLP 2 3 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 4 5 6 7 8 9 10 LAW OFFICES OF STEVEN A. ELLENBERG 11 12 By: ___/s/ Mark Boennighausen___________________ MARK BOENNIGHAUSEN Counsel for Defendant MORGAN STANLEY & CO., INC. 13 14 15 6/22/11 20 S UNIT ED 19 O IT IS S 21 on Ju LI ER A H 24 RT 23 ED ORDER ilt s J. Ham e Phylli dg NO 22 RT U O 18 S DISTRICT TE C TA R NIA 17 FO 16 N F D IS T IC T O R C 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. 25 26 27 28 Parties’ Stipulation Regarding the Parties’ June 22, 2011 Motions--CV 10 5054 PJH 3

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