Cox v. Allin Corporation Plan et al

Filing 32

ORDER by Judge ARMSTRONG granting 30 Stipulation (lrc, COURT STAFF) (Filed on 1/31/2013)

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1 2 3 4 5 6 JORDAN S. ALTURA (SBN: 209431) SPENCER P. HUGRET (SBN: 240424) GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 jaltura@gordonrees.com shugret@gordonrees.com Attorneys for Defendant AETNA LIFE INSURANCE COMPANY 7 8 9 10 LAURENCE F. PADWAY (SBN: 89314) THE LAW OFFICES OF LAURENCE F. PADWAY 1516 OAK STREET, SUIT 109 ALAMEDA, CA 94501 Telephone: (510) 814-6100 Facsimile: (510) 814-0650 lpadway@padway.com San Francisco, CA 94111 275 Battery Street, Suite 2000 11 12 Attorney for Plaintiff ELGIN K. COX 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 22 23 ELGIN K. COX, ) ) Plaintiff, ) ) vs. ) ) ALLIN CORPORATION PLAN and UNUM LIFE ) INSURANCE COMPANY OF AMERICA, DELL, ) INC. COMPREHENSIVE WELFARE BENEFITS ) PLAN, DELL, INC., ADMINISTRATION AND ) INVESTMENT COMMITTEE, AETNA LIFE ) INSURANCE COMPANY, ) ) Defendants. ) ) CASE NO. C12-5880 SBA STIPULATION TO EXTEND BRIEFING SCHEDULE ON DEFENDANT AETNA’S MOTION TO DISMISS AND MOTION TO STRIKE AND ORDER DATE: APRIL 9, 2013 TIME: 1:00 P.M. HON. SAUNDRA B. ARMSTRONG 24 TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 25 Plaintiff Elgin Cox and Aetna Life Insurance Company (“Aetna”), by and through their 26 respective counsel of record, hereby stipulate as follows: 27 28 Whereas, Plaintiff filed his Complaint on November 16, 2012. In response to the -1STIPULATION TO EXTEND BRIEFING SCHEDULE ON MOTION TO DISMISS AND MOTION TO STRIKE C 12-05880 SBA 1 Complaint, Aetna filed a Motion to Dismiss and Motion to Strike portions of the Complaint. 2 Plaintiff’s response to Aetna’s Motion to Dismiss and Motion to Strike was due on January 24, 3 2013, and the hearing thereon was scheduled for February 15, 2011. 4 Whereas, plaintiff was unable to file a response to Aetna’s Motion to Dismiss and Motion 5 to Strike by January 24, 2013 because of medical issues involving plaintiff’s counsel. Both 6 counsel for plaintiff and Aetna, however, agreed to stipulate to a new due date for that opposition 7 and Aetna’s reply. 8 Whereas, there are multiple defendants who have responses to the Complaint coming attacking the pleadings. Additionally, at this time it is not known how many defendants plan to 11 San Francisco, CA 94111 due, and counsel for all of the parties met and conferred concerning possible additional motions 10 275 Battery Street, Suite 2000 9 attack the pleadings once their responses to the Complaint come due. Furthermore, it was 12 generally agreed by counsel for all defendants and counsel for plaintiff that it would be in the 13 best interest of the parties and the Court to set all such motions on the same hearing date, which 14 was a date to be determined by the parties and proposed to the Court. 15 However, while a stipulation regarding same was being prepared by plaintiff’s and 16 Aetna’s counsel, the Court, sua sponte, continued Aetna’s Motion to Dismiss and Motion to 17 Strike hearing until April 9, 2013. 18 Whereas, and based on the likelihood that additional motions attacking the Complaint 19 may be would be forthcoming, having all motions heard on April 9, 2013 and by permitting 20 plaintiff to file one omnibus opposition to all motions filed in response to the Complaint would 21 promote the interests of judicial economy. 22 Now, therefore, it is hereby stipulated and agreed upon between counsel for Aetna and 23 counsel for plaintiff to have plaintiff’s response to Aetna’s Motion to Dismiss and Motion to 24 Strike, and Aetna’s reply in support of its motion be due as follows: 25 /// 26 /// 27 28 Plaintiff's Opposition is due no later than: March 26, 2013 -2STIPULATION TO EXTEND BRIEFING SCHEDULE ON MOTION TO DISMISS AND MOTION TO STRIKE C 12-05880 SBA 1 2 Defendant’s Reply Brief is due no later than: April 2, 2013 IT IS SO STIPULATED: 3 4 Dated: January 29, 2013 LAW OFFICES OF LAURENCE F. PADWAY 5 6 By: /s/ Laurence F. Padway Laurence F. Padway Attorneys for Plaintiff Elgin K. Cox 7 8 9 Dated: January 29, 2013 GORDON & REES LLP 10 By: San Francisco, CA 94111 275 Battery Street, Suite 2000 11 12 13 /s/ Spencer P. Hugret Jordan S Altura Spencer P. Hugret Attorneys for Defendant AETNA LIFE INSURANCE COMPANY 14 15 ORDER 16 17 PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED. 18 19 Dated: 1/31/13 ________________________________ Hon. Saundra B. Armstrong United States District Court Judge 20 21 22 23 24 25 26 27 28 AETNA/1084587/14612269v.1 -3STIPULATION TO EXTEND BRIEFING SCHEDULE ON MOTION TO DISMISS AND MOTION TO STRIKE C 12-05880 SBA

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