Campolo v. Aetna Life Insurance Company et al

Filing 37

ORDER Granting 36 Stipulation. Discovery due by 2/29/2012. Motions due by 4/3/2012. Cross Motions due by 4/24/2012. Responses due by 5/15/2012. Replies due by 6/5/2012. Motion Hearing set for 6/21/2012 02:00 PM before Hon. Claudia Wilken.Case Management Statement due by 6/14/2012. Further Case Management Conference set for 6/21/2012 02:00 PM. Signed by Judge Claudia Wilken on 1/4/2012. (ndr, COURT STAFF) (Filed on 1/4/2012)

1
2
3
4
5
6
7
8
9
10
11
KANTOR & KANTOR, LLP
19839 NORDHOFF ST.
NORTHRIDGE, CA 91324

12
13
14

JORDAN S. ALTURA (SBN: 209431)
[e-mail]
JOEL A. MORGAN (SBN: 262937)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
AETNA LIFE INSURANCE COMPANY;
OFFICE DEPOT TEMPORARY
DISABILITY PLAN and OFFICE DEPOT LONG
TERM DISABILITY PLAN
CORINNE CHANDLER, ESQ. (SBN: 111423)
[e-mail]
BRENT DORIAN BREHM, ESQ. (SBN: 248983)
[e-mail]
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, CA 91324
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN CAMPOLO

15
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA
18
19
JOHN CAMPOLO,
20
Plaintiff,
21
v.
22
23
24
25

AETNA LIFE INSURANCE COMPANY;
OFFICE DEPOT TEMPORARY
DISABILITY PLAN; OFFICE DEPOT LONG
TERM DISABILITY PLAN;
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. C10-05634 CW (JSCx)
JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
CASE MANAGEMENT DATES

26
27
28

JOINT STIPULATION EXTENDING CASE MANAGEMENT DATES

CASE NO. C10-05634 CW

1

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff John

2

Campolo (“Plaintiff”) and Defendants Aetna Life Insurance Company (“Aetna”), Office Depot

3

Temporary Disability Plan, and Office Depot Long Term Disability Plan (collectively the

4

“Office Depot Plan”) (“Aetna and the Office Depot Plan are collectively referred to herein as

5

“Defendants”) by and through their respective attorneys of record, as follows:

6

Plaintiff served discovery on the Defendants in March and September, 2011. Plaintiff

7

granted Defendants extensions to respond to this discovery and the parties sought an extension of

8

the discovery cut-off from December 16, 2011 until January 6, 2012. (Docket No. 27) The Court

9

granted that stipulation. (Docket No. 29)

10

Following receipt of discovery responses that Plaintiff considered to contain
inappropriate objections and insufficient responses, on November 21, 2011, the parties

12
KANTOR & KANTOR, LLP
19839 NORDHOFF ST.
NORTHRIDGE, CA 91324

11

conducted the LR 37-1 meet and confer. During this meet and confer, Defendants’ counsel

13

represented that supplemental responses curing many of Plaintiff’s concerns would be provided

14

by the end of the month. Defendants did not provide supplemental responses by the end of the

15

month.

16
17
18

On November 23, 2011, the Court granted the parties stipulated protective order
regarding the confidentiality of information. (Docket No. 31)
On December 7, 2011, Plaintiff filed a Motion to Compel. (Docket No. 32) That Motion,

19

and all further discovery motions, was referred to Magistrate Judge Jacqueline Scott Corley.

20

(Docket No. 33 & 34) On December 8, 2011, Defendants produced additional information in

21

response to the discovery. The parties again engaged in discussions regarding Plaintiff’s

22

concerns with Defendants’ supplemental responses. Defendants agreed to provide supplemental

23

responses, but following Plaintiff’s request, could not provide a date upon which those

24

supplemental responses would be produced to Plaintiff.

25

On December 14, 2011, Judge Corley held a telephonic discovery conference with the

26

parties. (Docket No. 34) Based on the parties representation that some of the sought-after

27

discovery had been produced, and that Defendants were working to provide further supplemental

28

responses (which Defendants represented had been delayed due to the holidays and a shortage of
JOINT STIPULATION EXTENDING CASE MANAGEMENT DATES
-1-

CASE NO. C10-05634 CW

1

staff), Judge Corley dismissed Plaintiff’s Motion to Compel, without prejudice, and ordered the

2

parties to bring any unresolved discovery matters before the Court through a joint discovery

3

letter. (Docket No. 35)

4

During the telephonic discovery conference the issue of sufficient time to fully complete

5

discovery within the currently set discovery cut-off was discussed with Judge Corley. The parties

6

each represented their willingness to seek an extension of dates in order to work towards

7

resolving any discovery issues prior to any cut-offs.

8
9

The parties have continued to work toward resolving Plaintiff’s concerns regarding
Defendants’ discovery responses. To date, Defendants have not provided Plaintiff with further
supplemental responses. Plaintiff has inquired when Defendants will be able to provide their

11

supplemental responses. Defendants have indicated that they are unable to provide Plaintiff with

12
KANTOR & KANTOR, LLP
19839 NORDHOFF ST.
NORTHRIDGE, CA 91324

10

an exact date for when supplemental responses will be provided. Defendants have indicated they

13

are diligently working to secure documents as soon as possible. Thus, the parties jointly seek an

14

extension of the case management dates in order to fully resolve the discovery issues in advance

15

of the currently set trial briefing schedule.

16

The parties request the following continuances:

17

Current Dates:

18

Discovery cut-off

January 6, 2012

19

Plaintiff’s opening brief

February 21, 2012

20

Defendants’ opposition/cross motion

March 12, 2012

21

Plaintiff’s reply/opposition to cross motion

April 3, 2012

22

Defendants’ reply brief

April 24, 2012

23

Hearing on dispositive motions and further CMC

May 10, 2012 at 2:00 p.m.

24

Proposed Dates:

25

Discovery cut-off

February 29, 2012

26

Plaintiff’s opening brief

April 3, 2012

27

Defendants’ opposition/cross motion

April 24, 2012

28

Plaintiff’s reply/opposition to cross motion

May 15, 2012

JOINT STIPULATION EXTENDING CASE MANAGEMENT DATES
-2-

CASE NO. C10-05634 CW

1

Defendants’ reply brief

June 5, 2012

2

Hearing on dispositive motions and further CMC

June 21, 2012 at 2:00 p.m.

3

SO STIPULATED.

4
Respectfully submitted,

5
6

Dated: January 3, 2012

7

GORDON & REES LLP
By:

8
9
10
11

/s/ Joel A. Morgan
Jordan S. Altura
Joel A. Morgan
Attorneys for Defendants
AETNA LIFE INSURANCE
COMPANY; OFFICE DEPOT
TEMPORARY DISABILITY PLAN
and OFFICE DEPOT LONG
TERM DISABILITY PLAN

KANTOR & KANTOR, LLP
19839 NORDHOFF ST.
NORTHRIDGE, CA 91324

12
13
14
15
16

Dated: January 3, 2012

KANTOR & KANTOR LLP
By:

/s/ Brent Dorian Brehm
Brent Dorian Brehm
Corinne Chandler
Attorneys for Plaintiff
JOHN CAMPOLO

17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION EXTENDING CASE MANAGEMENT DATES
-3-

CASE NO. C10-05634 CW

1
2
3

ORDER
Good cause appearing, and pursuant to the above Joint Stipulation Re: Extending Case
Management Dates, the Court modifies the Case Management Dates as follows:

4
Current Dates:

6

Discovery cut-off

January 6, 2012

7

Plaintiff’s opening brief

February 21, 2012

8

Defendants’ opposition/cross motion

March 12, 2012

9

Plaintiff’s reply/opposition to cross motion

April 3, 2012

10

Defendants’ reply brief

April 24, 2012

11

Hearing on dispositive motions and further CMC

May 10, 2012 at 2:00 p.m.

12

New Dates:

13

Discovery cut-off

February 29, 2012

14

Plaintiff’s opening brief

April 3, 2012

15

Defendants’ opposition/cross motion

April 24, 2012

16

Plaintiff’s reply/opposition to cross motion

May 15, 2012

17

Defendants’ reply brief

June 5, 2012

18

KANTOR & KANTOR, LLP
19839 NORDHOFF ST.
NORTHRIDGE, CA 91324

5

Hearing on dispositive motions and further CMC

June 21, 2012 at 2:00 p.m.

19

IT IS SO ORDERED

20
21
22
23

January 4
DATED: ____________, 2012

_______________________________________
The Honorable Claudia Wilken
United States District Judge

24
25
26
27
28
AETNA/1067225/11423937v.1

JOINT STIPULATION EXTENDING CASE MANAGEMENT DATES
-4-

CASE NO. C10-05634 CW