Binaley v. AT&T Umbrella Benefit Plan No. 1 et al

Filing 39

ORDER by Judge Yvonne Gonzalez Rogers granting 31 Motion for Summary Judgment. The Court VACATES the January 22, 2013 hearing. Parties shall meet and confer and submit a proposed form of judgment within fourteen (14) days. (fs, COURT STAFF) (Filed on 1/11/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUIS M. BINALEY,
Plaintiff,

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Case No.: 11-cv-04722-YGR
ORDER GRANTING MOTION FOR SUMMARY
JUDGMENT

v.
AT&T UMBRELLA BENEFIT PLAN NO. 1,
et al.,
Defendants.

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Northern District of California

United States District Court

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On December 18, 2012, Defendant AT&T Umbrella Benefit Plan No. 1 filed a Motion for
Summary Judgment or, in the Alternative, Motion for Summary Adjudication. (Dkt. No. 31.) On
January 2, 2013, Plaintiff Louis Binaley filed a Statement of Non-Opposition to Defendants’ Motion

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for Summary Judgment. (Dkt. No. 38.) Plaintiff states that the non-opposition has been filed after
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due consideration of Ninth Circuit authority and a diligent consideration of the potential evidentiary
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basis to distinguish such authority. (Id.) No reply was filed by Defendants.
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The Court finds that this motion, which has been noticed for hearing on January 22, 2013, is
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appropriate for decision without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and
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Civil Local Rule 7-1(b). Accordingly, the Court VACATES the January 22, 2013 hearing.
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In light of Plaintiff’s non-opposition to the Motion for Summary Judgment, the Court hereby
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GRANTS that motion. The parties shall meet and confer and submit a proposed form of judgment
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within fourteen (14) days. This Order terminates Dkt. No. 31.
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IT IS SO ORDERED.
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Dated: January 11, 2013
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE