Koehn v. Fireman's Fund Insurance Company Long Term Disability Plan

Filing 25

ORDER Granting 24 Stipulation Changing Hearing re 16 MOTION to Dismiss and Changing Date for Case Management Conference. Case Management Statement due by 5/24/2011. Case Management Conference set for 5/31/2011 02:00 PM. Motion Hearing set for 5/31/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 3/2/2011. (ndr, COURT STAFF) (Filed on 3/2/2011)

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TERESA S. RENAKER (SBN 187800) JULIA CAMPINS (SBN 238023) LEWIS, FEINBERG. LEE. RENAKER & JACKSON, PC 476-9th Street Suite 1800 Oakland, California 94607 Telephone: [phone] Facsimile: [phone] E-Mail: trenaker@lewis feinberg.com [e-mail] Attorneys for Plaintiff DAVID KOEHN STEVEN H. FRANKEL (SBN 171919) SNR DENTON US LLP 525 Market Street, 26th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY LONG TERM DISABILITY PLAN

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION No. 10-05439 CW

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DAVID KOEHN, Plaintiff. vs. FIREMAN'S FUND INSURANCE COMPANY LONG TERM DISABILITY PLAN, Defendant. STIPULATION AND ORDER CHANGING HEARING ON DEFENDANT'S MOTION TO DISMISS AND CHANGING DATE FOR CASE MANAGEMENT CONFERENCE [Civil L.R. 6-2] Judge: Hon. Claudia Wilken

CASE NO. 10-05439 CW

STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE AND CASE MANAGEMENT CONFERENCE

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Pursuant to Civil L.R. 6-2, Plaintiff David Koehn ("Plaintiff") and Defendant Fireman's Fund Insurance Company Long Term Disability Plan ("Defendant"), through their respective counsel, stipulate and agree as follows: WHEREAS, on December 1, 2010, Plaintiff filed his Complaint in this action. WHEREAS, on February 2, 2011, Defendant filed its Motion to Dismiss Plaintiff's Complaint that is currently set for hearing on March 17, 2011 at 2:00 p.m. WHEREAS, a Case Management Conference is currently scheduled for March 29, 2011 at 2:00 p.m. WHEREAS, because Plaintiff and Defendant are exploring the possible settlement of this action, they desire to continue the hearing on Defendant's Motion to Dismiss, continue the Case Management Conference and continue related Case Management deadlines. WHEREAS, other than two stipulated extensions extending the time for Defendant to respond to Plaintiff's Complaint, there have been no other extensions of time in this action. IT IS THEREFORE STIPULATED AND AGREED: 1. The hearing on Defendant's Motion to Dismiss is changed from March 17, 2011 to

March 31, 2011 at 2:00 p.m. or such other date that is convenient for the Court's calendar. 2. Defendant shall file its Reply Memorandum in support of its Motion to Dismiss by

no later than March 17, 2011. 3. The March 29, 2011 Case Management Conference is vacated, and reset to take

place immediately following the hearing on Defendant's Motion to Dismiss on March 31, 2011 or such other date that is convenient for the Court's calendar. A Joint Case Management Conference Statement shall be filed by the parties by March 24, 2011. 4. The last day for the parties to meet and confer re: initial disclosures, early

settlement, ADR process selection and discovery; to file ADR certification, and to file Stipulation to ADR process or Notice of Need for ADR Telephone Conference is extended from March 3, 2011 to March 17, 2011. 5. The last day for the parties to file Rule 26(f) Report, complete initial disclosures or

state objection in Rule 26(f) Report is extended from March 17, 2011 to March 31, 2011.
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IT IS SO STIPULATED.

Dated: February 28, 2011 LEWIS, FEINBERG. LEE. RENAKER, & JACKSON, PC

By /s/ Julia Campins_______ Julia Campins Attorneys for Plaintiff DAVID KOEHN Dated: February 28, 2011 SNR DENTON US LLP

By /s/ Steven H. Frankel_____ Steven H. Frankel Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY LONG TERM DISABILITY PLAN

[PROPOSED] ORDER 17 18 19 20 21 22 23 24 25 26 27 28 For good cause shown, the Stipulation is granted. Absent the Court being advised in advance of the dates set forth below that the parties have settled this action, the following schedule shall apply: 1. The hearing on Defendant's Motion to Dismiss is continued from March 17, 2011 to

March 31, 2011 at 2:00 p.m. 2. Defendant shall file its Reply Memorandum in support of its Motion to Dismiss by no

later than March 17, 2011 3. The March 29, 2011 Case Management Conference is vacated and the Case

Management Conference is reset to take place immediately following the hearing on Defendant's Motion to Dismiss on March 31, 2011. A Joint Case Management Statement shall be filed by the parties by no later than March 24, 2011.
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4.

The last day for the parties to meet and confer re: initial disclosures, early settlement,

ADR process selection and discovery, to file ADR certification, and to file Stipulation to ADR process or Notice of Need for ADR Telephone Conference is continued from March 3, 2011 to March 17, 2011. 5. The last day for the parties to file Rule 26(f) Report, complete initial disclosures or

state objection in Rule 26(f) Report is extended from March 17, 2011 to March 31, 2011. IT IS SO ORDERED. Dated: March 2, 2011

______________________ Claudia Wilken United States District Judge

cc: ADR
Case No. 10-05439 CW

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CERTIFICATION I, Steven H. Frankel, am the ECF User whose identification and password are being used to file this Stipulation and [Proposed] Changing Hearing On Defendant's Motion To Dismiss And Changing Date For Case Management Conference In compliance with General Order 45.X.B., I hereby attest that Julia Campins, counsel for Plaintiff, concurred in this filing.

/s/ Steven H. Frankel_____ Steven H. Frankel

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PROOF OF SERVICE I, Diane Vivian Donner, hereby declare: I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court whose direction the following service was made. I am over the age of eighteen years and not a party to the within action. My business address is SNR Denton US LLP, 525 Market Street, 26th Floor, San Francisco, California 94105. On February 28, 2011, the following document, described as: STIPULATION AND [PROPOSED] ORDER CHANGING HEARING ON DEFENDANT'S MOTION TO DISMISS AND CHANGING DATE FOR CASE MANAGEMENT CONFERENCE was served via CM/ECF by the Clerk of the Court, upon all counsel of record registered to receive electronic filing, as indicated on the Court's website, or by United States Mail, upon those parties not registered for electronic filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on February 28, 2011 at San Francisco, California.

/s/ Diane Vivian Donner Diane Vivian Donner

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