Cox v. Allin Corporation Plan et al

Filing 87

ORDER by Judge Saundra Brown Armstrong Granting 83 Stipulation. (ndr, COURT STAFF) (Filed on 3/5/2014)

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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JORDAN S. ALTURA (SBN: 209431)
[e-mail]
SPENCER P. HUGRET (SBN: 240424)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AETNA LIFE INSURANCE COMPANY
ANNA M. MARTIN (SBN 154279)
[e-mail]
RIMAC MARTIN P.C.
1051 Divisadero Street
San Francisco, CA 94115
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
UNUM LIFE INSURANCE COMPANY OF AMERICA and
ALLIN CORPORATION GROUP LIFE & DISABILITY PLAN
LAURENCE F. PADWAY (SBN 89314)
[e-mail]
THE LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff ELGIN K. COX

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELGIN K. COX,

)
)
Plaintiff,
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vs.
)
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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,
)
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Defendants.
)
)
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CASE NO. C12-5880-SBA
STIPULATION AND [PROPOSED]
ORDER VACATING REFERRAL TO
MANDATORY SETTLEMENT
CONFERENCE AND SETTING A
NEW HEARING DATE AND
BRIEFING SCHEDULE ON THE
PARTIES’ DISPOSITIVE MOTIONS
Action Filed: November 16, 2012
Hon. Saundra Brown Armstrong

Case No.: C12-5880 SBA
STIPULATION AND ORDER VACATING REFERRAL TO MANDATORY SETTLEMENT CONFERENCE
AND SETTING A NEW HEARING DATE AND BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS

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TO THE HONORABLE COURT:

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Counsel for Plaintiff Elgin K. Cox and Defendants Aetna Life Insurance Company,

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Unum Life Insurance Company Of America and Allin Corporation Group Life & Disability Plan

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stipulate as follows and request that the Court vacate the referral to a Mandatory Settlement

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Conference and set a new hearing date and briefing schedule on the parties’ dispositive motions

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based on the following:

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WHEREAS: On November 19, 2013, the parties participated in a mediation with Mark

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Humbert, a mediator selected from the Court’s ADR panel who has extensive experience

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mediating ERISA disability cases;

Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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WHEREAS: Despite the mediator’s and the parties’ best efforts, the parties had

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significant differences about the merits and value of this case, and the mediation was terminated;

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WHEREAS: Following mediation, the parties filed opening briefs in support of their

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respective dispositive motions, which were consistent with the positions taken at mediation by

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each party;

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WHEREAS: On January 29, 2014, the Court vacated the hearing date and briefing

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schedule with respect to the parties’ dispositive motions, and ordered the parties to participate in

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a Mandatory Settlement Conference (MSC) with a Federal Magistrate Judge;

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WHEREAS: The parties agree that their positions have not changed since the

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unsuccessful mediation – despite the factual and legal arguments asserted in the dispositive

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motions – and agree this matter will not settle at the MSC and that the MSC will result in a

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significant waste of the parties’ and the Court’s time and resources;

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WHEREAS: The parties seek to have the Court decide this matter based on the
arguments made in their respective dispositive motions;

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In consideration of the foregoing, the parties respectfully request the Court vacate the

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MSC and set a briefing schedule and new hearing date for the dispositive motions, as set forth

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below, or as soon thereafter as the matter may be heard:

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///

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///
-2Case No.: C12-5880 SBA
STIPULATION AND ORDER VACATING REFERRAL TO MANDATORY SETTLEMENT CONFERENCE
AND SETTING A NEW HEARING DATE AND BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS

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Opening briefs: FILED

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Oppositions:

March 25, 2014

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Hearing:

April 15, 2014

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IT IS SO STIPULATED.
Dated: February 21, 2014

GORDON & REES LLP

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By

/s/ Jordan S. Altura
Jordan S Altura
Spencer P. Hugret
Attorneys for Defendant
AETNA LIFE INSURANCE COMPANY

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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Dated: February 21, 2014

THE LAW OFFICES OF LAURENCE F.
PADWAY

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By

/s/ Laurence F. Padway
Laurence F. Padway
Attorney for Plaintiff
ELGIN K. COX

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Dated: February 21, 2014

RIMAC MARTIN P.C.

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By

/s/ Anna M. Martin
Anna M. Martin
Attorneys for Defendants
UNUM LIFE INSURANCE COMPANY OF
AMERICA and ALLIN CORPORATION
GROUP LIFE & DISABILITY PLAN

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-3Case No.: C12-5880 SBA
STIPULATION AND ORDER VACATING REFERRAL TO MANDATORY SETTLEMENT CONFERENCE
AND SETTING A NEW HEARING DATE AND BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS

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ATTESTATION OF E-FILED SIGNATURES

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I, Jordan S. Altura, am the ECF user whose ID and password are being used to file this
Stipulation and [Proposed] Order Vacating Referral to Mandatory Settlement Conference and
Setting a New Hearing Date and Briefing Schedule on the Parties’ Dispositive Motions. In
compliance with Local Rule 5-1(i), I hereby attest that Laurence F. Padway, counsel for Plaintiff
Elgin K. Cox, and Anna M. Martin, counsel for Defendants UNUM Life Insurance Company of
America and Allin Corporation Group Life & Disability Plan, has concurred in this filing.

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Dated: February 21, 2014

GORDON & REES LLP
By

/s/ Jordan S. Altura
Jordan S Altura
Attorneys for Defendant
AETNA LIFE INSURANCE COMPANY

Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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-4Case No.: C12-5880 SBA
STIPULATION AND ORDER VACATING REFERRAL TO MANDATORY SETTLEMENT CONFERENCE
AND SETTING A NEW HEARING DATE AND BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS

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ORDER

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Pursuant to the Stipulation above and for good cause shown, the referral to a Mandatory

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Settlement Conference is hereby vacated. The briefing schedule and hearing on the parties’

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dispositive motions is reinstated, as follows:

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Oppositions:

March 25, 2014

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Hearing:

May 15, 2014
April6, 2014

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Gordon & Rees LLP

275 Battery Street, Suite 2000
San Francisco, CA 94111

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IT IS SO ORDERED.

Pursuant to Civil Local Rule 7-1(b), the Court may

resolve the motion without oral argument. The parties are advised the check the Court’s
website to determine whether an appearance on the motion is required.

Dated:

3/5/2014

SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT COURT JUDGE

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1084587/18598712v.1

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-5Case No.: C12-5880 SBA
STIPULATION AND ORDER VACATING REFERRAL TO MANDATORY SETTLEMENT CONFERENCE
AND SETTING A NEW HEARING DATE AND BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS