Carnahan v. Metropolitan Life Insurance Company et al

Filing 64

STIPULATION AND ORDER, Set/Reset Deadlines as to 24 MOTION for Summary Judgment. Responses due by 2/19/2013. Motion Hearing set for 3/12/2013 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 1/17/13. (lrc, COURT STAFF) (Filed on 1/17/2013)

Case4:11-cv-03064-SBA Document63 Filed01/17/13 Page1 of 4

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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]
XXXXXXXXXX
ORDER TO CONTINUE PARTIES’
BRIEFING DATES ON MOTION FOR
JUDGMENT BY ONE WEEK DUE TO
ILLNESS OF DEFENDANTS’ COUNSEL

Defendant.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING DATES ON MOTION FOR
JUDGMENT

Case4:11-cv-03064-SBA Document63 Filed01/17/13 Page2 of 4

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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;
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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WHEREAS on December 11, 2012, the Court ordered that the parties resubmit their

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opening cross-motions for judgment to include any additional issues, to be filed on or before

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January 22, 2013; and

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WHEREAS the primarily responsible attorney for defendants currently is ill and unable
to work, and is not expected to be able to return to work until at least January 22, 2013; and
WHEREAS defendants’ other attorney is unable to complete the brief for defendants due
to an appellate brief that must be completed in the same time frame;
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 briefing

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dates set by the Court on December 11, 2012, for a period of one week, to permit defendants’

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counsel to complete defendants’ revised brief, while maintaining the currently scheduled hearing

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date as most recently set by the Court. Pursuant to such stipulation, the parties propose the

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING DATES ON MOTION FOR
JUDGMENT

Case4:11-cv-03064-SBA Document63 Filed01/17/13 Page3 of 4

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following revised schedule:

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Revised opening briefs due: January 29, 2013

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Opposition briefs due: February 17, 2013

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Hearing on Cross-Motions for Judgment: March 12, 2013 or such other date as the Court

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might order.

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DATED: January 17, 2013

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: January 17, 2013

SEDGWICK LLP

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By: /s/ Rebecca Hull
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 BRIEFING DATES ON MOTION FOR
JUDGMENT

Case4:11-cv-03064-SBA Document63 Filed01/17/13 Page4 of 4

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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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Revised opening briefs due: January 29, 2013;

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Opposition briefs: February 19 ___, 2013;

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Hearing on Cross-Motions for Judgment: March 13, 2013, at 1:00 p.m.

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IT IS SO ORDERED

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DATE: 1/17/13

_____________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING DATES ON MOTION FOR
JUDGMENT