Cox v. Allin Corporation Plan et al

Filing 165

STIPULATION AND ORDER re briefing schedule and hearing on 159 MOTION for Review of Taxation of Costs filed by UNUM Life Insurance Company of America. Motion Hearing set for 4/7/2016 at 11:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 11/04/2015. (kawlc2S, COURT STAFF) (Filed on 11/4/2015)

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1 2 3 4 5 6 7 8 9 10 11 12 13 RIMAC MARTIN, P.C. Anna M. Martin – CSBN 154279 amartin@rimacmartin.com 1051 Divisadero Street San Francisco, CA 94115 Telephone: 415.561-8440 Facsimile: 415.561-8430 Attorneys for Defendants UNUM LIFE INSURANCE COMPANY OF AMERICA AND ALLIN CORPORATION GROUP LIFE & DISABILITY PLAN LAW OFFICES OF LAURENCE F. PADWAY Laurence Fred Padway 1516 Oak Street, Suite 109 Alameda, CA 94501 Tel: (510) 814-6100 Fax: (510) 814-0650 Lpadway@padway.com Attorneys for Plaintiff ELGIN K. COX 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 27 ELGIN K. COX, ) ) Plaintiff, ) ) v. ) ) ALLIN CORPORATION PLAN and UNUM ) LIFE INSURANCE COMPANY OF ) AMERICA, et al., ) ) Defendant. ) CASE NO. 4:12-cv-05880-SBA STIPULATION TO CONTINUE THE HEARING AND BRIEFING OF DEFENDANTS’ MOTION FOR THE COURT’S REVIEW OF THE CLERK’S TAXATION OF COSTS TO A DATE ATLEAST 60 DAYS AFTER THE JANUARY 13, 2016 HEARING OF PLAINTIFF’S MOTION TO ALTER JUDGMENT 1 STIPULATION TO CONTINUE THE HEARING AND BRIEFING OF DEFENDANTS’ MOTION FOR THE COURT’S REVIEW OF THE CLERK’S TAXATIONOF COSTS TO A DATE SIXTY DAYS AFTER THE JANUARY 13, 2016 HEARING OF PLAINTIFF’S MOTION TO ALTER JUDGMENT Case No. 4:12-cv-05880-SBA 28 1 Action Filed: November 16, 2012 Hon. Saundra Brown Armstrong 2 3 To this Honorable Court, counsel for Plaintiff Elgin K. Cox, Defendants Unum Life 4 5 Insurance Company Of America and Allin Corporation Group Life & Disability Plan stipulate to 6 continue the hearing of Defendants’ Motion For The Court’s Review of the Clerk’s Taxation of 7 Costs to a date at least sixty (60) days after the January 13, 2016 hearing of Plaintiff’s Motion To 8 Alter Judgment. 9 10 The parties further seek to continue the opposition and reply briefing deadlines to correspond to a later hearing date. To that end, the parties stipulate that plaintiff’s opposition 11 12 13 brief will be filed on or before February 12, 2016 and defendants’ reply brief will be filed on or before February 26, 2016. 14 Good cause exists because the Court’s ruling on the Motion to Alter Judgment, which is 15 set to be heard on January 13, 2016, may have an impact on Defendants’ Motion for the Court’s 16 Review of the Clerk’s Taxation of Costs rendering it unnecessary. This will preserve attorney 17 time and judicial resources. 18 This short continuance will not prejudice any party or the Court and will promote judicial 19 20 economy. 21 22 23 24 25 26 27 2 STIPULATION TO CONTINUE THE HEARING AND BRIEFING OF DEFENDANTS’ MOTION FOR THE COURT’S REVIEW OF THE CLERK’S TAXATIONOF COSTS TO A DATE SIXTY DAYS AFTER THE JANUARY 13, 2016 HEARING OF PLAINTIFF’S MOTION TO ALTER JUDGMENT Case No. 4:12-cv-05880-SBA 28 1 IT IS SO STIPULATED. RIMAC MARTIN, P.C. 2 3 DATED: October 29, 2015 4 5 6 By: /S/ Anna M. Martin ANNA M. MARTIN Attorneys for Defendants UNUM LIFE INSURANCE COMPANY OF AMERICA and ALLIN CORPORATION GROUP LIFE & DISABILITY PLAN 7 8 LAW OFFICES OF LAURENCE F. PADWAY 9 10 DATED: October 29, 2015 11 12 By: /S/ Laurence F. Padway LAURENCE F. PADWAY Attorneys for Plaintiff ELGIN K. COX 13 14 15 16 17 18 19 20 21 IT IS SO ORDERED: The Court will hold a hearing on the motion for review of taxation of costs on April 7, 2016. The Court will hold a hearing on the motion for review of taxation of costs on April 7, 2016. UNUM Life Insurance Company shall promptly provide a courtesy copy of its motion, which UNUM Life Insurance Company shall promptly provide a courtesy copy of its motion, which the the Court has not received. As the April hearing date approaches, if the parties wish to further Court has not received. As the hearing date approaches, if the parties wish to further extend the extend the briefing schedule or the hearing date, they may prepare a stipulation for the Court's briefing schedule or the hearing date, _________________________________________ the may prepare a stipulation for the Court's approval. approval. DATED: ____________________ __________________________________ United States District Court Magistrate Judge Northern District of California Kandis A. Westmore 11/04/15 DATED: ________________ _____________________________ United States Magistrate Judge Kandis A. Westmore United States Magistrate Judge 22 23 24 25 26 27 3 STIPULATION TO CONTINUE THE HEARING AND BRIEFING OF DEFENDANTS’ MOTION FOR THE COURT’S REVIEW OF THE CLERK’S TAXATIONOF COSTS TO A DATE SIXTY DAYS AFTER THE JANUARY 13, 2016 HEARING OF PLAINTIFF’S MOTION TO ALTER JUDGMENT Case No. 4:12-cv-05880-SBA 28

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