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

Filing 27

ORDER Granting 26 Stipulation VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS AND VACATING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Signed by Judge Claudia Wilken on 3/29/2011. (ndr, COURT STAFF) (Filed on 3/29/2011)

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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. Judge: Hon. Claudia Wilken STIPULATION AND ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS AND VACATING CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES [Civil L.R. 6-2]

CASE NO. 10-05439 CW

STIPULATION AND [PROPOSED] ORDER VACATING 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, state that the parties reached an agreement in principle on March 17, 2011, subject to and contingent on execution of a written settlement agreement, that completely resolves and settles this action. As a result, Plaintiff and Defendant stipulate and agree as follows: 1. The March 31, 2011 hearing on Defendant's Motion to Dismiss, the March 31,

2011 Case Management Conference and all related deadlines for filing any Reply Memorandum, Joint Case Management Conference Statement and other related Case Management deadlines should be vacated. 2. A Stipulation and [Proposed] Order dismissing this action with prejudice shall be

filed by the parties by no later than April 28, 2010. IT IS SO STIPULATED. Dated: March 17, 2011 LEWIS, FEINBERG. LEE. RENAKER, & JACKSON, PC

By /s/ Julia Campins_______ Julia Campins Attorneys for Plaintiff DAVID KOEHN Dated: March 17, 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

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ORDER For good cause shown, and pursuant to Stipulation, it is hereby ordered: 1. The March 31, 2011 hearing on Defendant's Motion to Dismiss, the March 31, 2011

Case Management Conference and all related deadlines for filing any Reply Memorandum, Joint Case Management Conference Statement and other related Case Management deadlines are vacated.. 2. A Stipulation and [Proposed] Order dismissing this action with prejudice shall be filed

by the parties by no later than April 28, 2010. IT IS SO ORDERED. Dated: March 29, 2011

______________________ Claudia Wilken United States District Judge

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