Benavente v. Certain Underwriters, Lloyd's London, Subscribing to Policy No. NA0425007-07-01

Filing 14

STIPULATION AND ORDER STAYING ACTION AND CONTINUING CASE MANAGEMENT CONFERENCE re 13 STIPULATION WITH PROPOSED ORDER - Stipulation in Support of Stay and [proposed] Order thereon - filed by Certain Underwriters, Lloyd's London, Su bscribing to Policy No. NA0425007-07-01 Joint Case Management Statement due by 6/21/2012. Initial Case Management Conference set for 6/28/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 1/24/12. (nah, COURT STAFF) (Filed on 1/24/2012)

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RIMAC MARTIN, P.C.
JOSEPH M. RIMAC – State Bar No. 72381
[e-mail]
WILLIAM REILLY – State Bar No. 177550
[e-mail]
1051 Divisadero Street
San Francisco, CA 94115
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CERTAIN UNDERWRITERS, LLOYD’S LONDON,
SUBSCRIBING TO POLICY NO. NA0425007-07-01

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PETER BENAVENTE,
Plaintiff,

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v.

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CERTAIN UNDERWRITERS, LLOYD’S
LONDON, SUBSCRIBING TO POLICY
NO. NA0425007-07-01, and DOES 1
through 50, Inclusive,

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Defendants.

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CASE NO. 11-cv-05270-PJH
STIPULATION IN SUPPORT OF STAY
AND
[PROPOSED] ORDER THEREON

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Plaintiff PETER BENAVENTE and Defendant CERTAIN UNDERWRITERS, LLOYD’S

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LONDON, SUBSCRIBING TO POLICY NO. NA0425007-07-01 (referred to herein as “plaintiff”

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and “defendant”), by and through their respective attorneys, hereby stipulate to stay this matter for

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STIPULATION
CASE NO. 11-cv-05270-PJH

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150 days so that plaintiff may complete his administrative appeal of the decision to deny his

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permanent disability claim under his Occupational Accident Disability Plan.

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Good cause exists for the parties’ request for a stay in that, after the initial denial of

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plaintiff’s permanent disability claim, the parties have agreed to complete an administrative

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appeals process. Defendant has advised plaintiff that it will reassess his claim through the

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appeals process. The appeal process could take over 120 days and could result in the payment of

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plaintiff’s claim. As such, the parties request a stay of 150 days to complete this process.

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SO STIPULATED.

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TEAL, MONTGOMERY & HENDERSON

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Dated: January 23, 2012

By:

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/s/ Michael S. Henderson
MICHAEL S. HENDERSON
Attorneys for Plaintiff
PETER BENAVENTE

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RIMAC MARTIN, P.C.

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Dated: January 23, 2012

By:

/s/ William Reilly
WILLIAM REILLY
Attorneys for Defendant
CERTAIN UNDERWRITERS, LLOYD’S LONDON,
SUBSCRIBING TO POLICY NO. NA0425007-07-01

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STIPULATION
CASE NO. 11-cv-05270-PJH

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ORDER

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The parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED

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that this matter be, and hereby is, STAYED to allow the parties to pursue an alternative to litigation

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through the administrative appeals process. The case is stayed until 6/21/12.

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IT IS FURTHER ORDERED that the Case Management Conference in this matter,
is continued to 6/28/12 at 2:00 p.m., but will be vacated if matter
scheduled for February 9, 2011, be taken off calendar. is resolved before that date.
SO ORDERED.
S

DERED

RT

hyllis

Judge P

ER

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D IS T IC T O
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R NIA

O OR
IT IS S
_______________________________________
UNITED STATES DISTRICT COURT JUDGE
ton
J. Hamil
NO

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1/24/12
DATED: _______________________

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S DISTRICT
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UNIT
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STIPULATION
CASE NO. 11-cv-05270-PJH

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