Carnahan v. Metropolitan Life Insurance Company et al

Filing 62

STIPULATION AND ORDER, Set/Reset Deadlines as to OPENING BRIEFS DUE BY 1/22/13. Responses due by 2/12/2013. Motion Hearing set for 3/12/2013 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 12/10/12. (lrc, COURT STAFF) (Filed on 12/11/2012)

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KANTOR & KANTOR, LLP
GLENN R. KANTOR, Bar No. 122643
BETH A. DAVIS, Bar No. 277560
[e-mail]
19839 Nordhoff Street
Northridge, California, 91324
Telephone: [phone]
Facsimile: (818 350-6272
Attorneys for Plaintiff
SUSAN CARNAHAN
SEDGWICK, LLP
REBECCA HULL Bar No. 99802
ERIN CORNELL Bar No. 227135
[e-mail]
[e-mail]
333 Bush Street, 30th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
METROPOLITAN LIFE INSURANCE COMPANY
and THE SHAW GROUP INC. LONG TERM
DISABILITY PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSAN CARNAHAN,

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Plaintiff,

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v.

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METROPOLITAN LIFE INSURANCE
COMPANY; THE SHAW GROUP INC.
LONG TERM DISABILITY PLAN,

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CASE NO: CV 11-03064-SBA
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING DATE
ON PLAINTIFF’S AND DEFENDANTS’
MOTIONS FOR JUDGMENT TO ALLOW
ADDITIONAL BRIEFING REGARDING
THE DEPOSITION OF GREGORY
HAFNER

Defendant.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF’S AND
DEFENDANTS’ MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE
DEPOSITION OF GREGORY HAFNER

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WHEREAS, on June 8, 2012, plaintiff and defendants each filed a Motion for Judgment;

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WHEREAS, on July 2, 2012, plaintiff filed a Motion to Strike the Declaration of Gregory

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Hafner or in the alternative a Request to Reopen Discovery;
Whereas on July 23, 2012, the Court ordered that the hearing on the Motions for
Judgment be continued to October 23, 2012;
WHEREAS on July 25, 2012 the court referred plaintiff’s motion to the Chief Magistrate
Judge for a report and recommendation;

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WHEREAS on September 28, 2012 Magistrate Judge Nathanael Cousins denied

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plaintiff’s Motion to Strike but recommended the reopening of discovery for the limited purpose

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of allowing plaintiff to depose Gregory Hafner;
WHEREAS on October 18, 2012 the court issued Order Accepting Report and
Recommendation order on the Recommendation; and
WHEREAS plaintiff has taken the deposition of Gregory Hafner (on November 30,

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2012) and the parties have agreed that it is necessary to submit additional briefing regarding this

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deposition;

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF’S AND
DEFENDANTS’ MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE
DEPOSITION OF GREGORY HAFNER

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NOW THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the

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Court’s approval, the parties agree, and respectfully request that the Court continue the hearing

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date on both plaintiff’s and defendants’ Motions for Judgment currently scheduled for December

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14, 2012, to allow additional briefing regarding the deposition of Gregory Hafner. The parties

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propose the following schedule:

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Plaintiff’s Supplemental Brief due: January 14, 2013

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Defendants’ Supplemental Brief due: January 28, 2013

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Hearing on Motions for Summary Judgment: February 12, 2013 or such other date as

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the Court might order.

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DATED: December 5, 2012

KANTOR & KANTOR LLP

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By: /s/ Glenn R. Kantor
Glenn R. Kantor
Beth A. Davis
Attorneys for Plaintiff
SUSAN CARNAHAN

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DATED: December 5, 2012

SEDGWICK LLP

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By: /s/ Erin Cornell
Rebecca Hull
Erin Cornell
Attorneys for Defendants
METROPOLITAN LIFE INSURANCE COMPANY
and THE SHAW GROUP INC. LONG TERM
DISABILITY PLAN

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF’S AND
DEFENDANTS’ MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE
DEPOSITION OF GREGORY HAFNER

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ORDER
IT IS HEREBY ORDERED THAT the Court, having considered the joint stipulation of
counsel, and good cause appearing therefore, hereby grants the parties requests as follows:

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Plaintiff’s Supplemental Brief due: January ___, 2013;

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Defendants’ Supplemental Brief due: January ___, 2013;

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Hearing on Motions for Summary Judgment: February ___, 2013.

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Instead of filing supplemental briefs, the Court directs the parties to resubmit

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their motion papers and incorporate therein any additional arguments based on the

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discovery taken following the ruling of the Magistrate Judge. The parties shall file

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their revised opening briefs by no later than January 22, 2013, and their respective

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oppositions thereto by no later than February 12, 2013. The hearing on said

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motions will take place on March 12, 2013 at 1:00 p.m. Pursuant to Civil Local Rule

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7-1(b) and Federal Rule of Civil Procedure 78(b), the Court may resolve the motions

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without oral argument. The parties are advised the check the Court’s website to

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determine whether an appearance on the motion is required. Docket entries nos. 24

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and 26 shall be deemed withdrawn. This Order terminates Docket no. 61.

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IT IS SO ORDERED

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DATE: December 11, 2012

_____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON PLAINTIFF’S AND
DEFENDANTS’ MOTIONS FOR JUDGMENT TO ALLOW ADDITIONAL BRIEFING REGARDING THE
DEPOSITION OF GREGORY HAFNER