Davis v. Bank of America Group Benefits Program et al

Filing 42

STIPULATION AND ORDER re 41 Stipulation, filed by Bank of America Group Benefits Program, Maryella Davis, Metropolitan Life Insurance Company, Aetna, Inc.. Signed by Judge ARMSTRONG on 10/20/11. (lrc, COURT STAFF) (Filed on 10/20/2011)

Case4:10-cv-05199-SBA Document41

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Filed10/18/11 Page1 of 3

DOROTHY D. GUILLORY
Attorney at Law
[e-mail]
1701 Harrison Street
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff
MaryElla Davis

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GORDON & REES LLP
RONALD K. ALBERTS Bar No. 100017
[e-mail]
LISA K. GARNER Bar No. 155554
[e-mail]
633 West Fifth Street, 52nd Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Aetna Life Insurance Company
(erroneously sued and served as AETNA, Inc.)

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SEDGWICK LLP
REBECCA HULL Bar No. 99802
[e-mail]
ERIN CORNELL Bar No. 227135
[e-mail]
One Market Plaza
Steuart Tower, 8th Floor
San Francisco, CA 94105-1008
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
Bank of America Group Benefits Program; Metropolitan
Life Insurance Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARYELLA DAVIS,
Plaintiff,

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v.

Case No. 4:10-cv-05199-SBA
XXXXXXXXX
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DATE TO
COMPLETE ADR

BANK OF AMERICA GROUP BENEFITS
PROGRAM; METROPOLITAN LIFE
INSURANCE COMPANY; AETNA, INC.,
Defendants.

SF/2559764v1

STIPULATION AND [PROPOSED] ORDER CONTINUING LAST DAY TO MEDIATE

Case4:10-cv-05199-SBA Document41

Filed10/18/11 Page2 of 3

Plaintiff MaryElla Davis and defendants Bank of America Group Benefits Program,

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Metropolitan Life Insurance Company, and Aetna Life Insurance Company (erroneously sued

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and served as AETNA, Inc.), by and through their respective attorneys of record, hereby agree

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and stipulate as follows:
1.

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On August 30, 2011, the Court ordered that the parties participate in mediation

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through the Northern District of California’s ADR Program. (ECF No. 30.) Pursuant to the

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timelines set forth in the ADR Local Rules, the parties are to complete mediation on or before

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November 28, 2011.
2.

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On October 12, 2011, Stephen Schrey was appointed as the parties’ mediator.

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(ECF No. 40.) On October 12, 2011, Mr. Schrey contacted the parties’ respective counsel to

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schedule a pre-mediation telephone conference. The first mutually available date for the

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telephone conference is October 27, 2011.
3.

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The parties and the mediator have conferred and concluded that based upon the

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recent appointment of Mr. Schrey as the mediator and the upcoming holidays, the parties will

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not be able to find a mutually available date for mediation before the November 28, 2011

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mediation cut off.
WHEREFORE, the parties, by and through their respective counsel stipulate, and

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respectfully request that the Court order, as follows:

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1.

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IT IS SO STIPULATED.

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The parties agree to participate in mediation on or before January 31, 2012.

DATED: October 18, 2011

DOROTHY GUILLORY

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By: /s/ Dorothy Guillory (as authorized on 10/18/2011)
Dorothy Guillory
Attorney for Plaintiff
MaryElla Davis

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//

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//

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//

SF/2559764v1

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STIPULATION AND [PROPOSED] ORDER CONTINUING LAST DAY TO MEDIATE

Case4:10-cv-05199-SBA Document41

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DATED: October 18, 2011

Filed10/18/11 Page3 of 3

GORDON & REES LLP

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By: /s/ Lisa K. Garner (as authorized on 10/18/2011)
Ronald K. Alberts
Lisa K. Garner
Attorneys for Defendants
Aetna Life Insurance Company

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DATED: October 18, 2011

SEDGWICK LLP

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By: /s/ Rebecca A. Hull
Rebecca A. Hull
Erin A. Cornell
Attorneys for Defendants
BANK OF AMERICA GROUP BENEFITS
PROGRAM; METROPOLITAN LIFE INSURANCE
COMPANY

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ORDER

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IT IS HEREBY ORDERED that the last day for the parties to participate in mediation
is continued to January 31, 2012.

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10/20/11
DATED: ______________

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Honorable Saundra Brown Armstrong
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SF/2559764v1

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STIPULATION AND [PROPOSED] ORDER CONTINUING LAST DAY TO MEDIATE