Lujan et al v. New York Life Insurance Company et al

Filing 17

ORDER GRANTING 16 STIPULATION Set Briefing Schedule for Motion to Dismiss Complaint. Motions due by 3/22/2016. Responses due by 4/5/2016. Replies due by 4/15/2016. Motion Hearing set for 4/29/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 3/1/16. (jjoS, COURT STAFF) (Filed on 3/1/2016)

1 LAURA GEIST (SBN 180826)
[e-mail]
2 ANDREW S. AZARMI (SBN 241407)
[e-mail]
3 DENTONS US LLP
525 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone:
415.882.5000
5 Facsimile:
415.882.0300
6 Attorneys for Defendants New York Life
Insurance Company and New York Life Insurance
7 and Annuity Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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NICK V. LUJAN, JAMES A. CHARLES, and
14 BARBARA C. WRIGHT, individually and on
behalf of all others similarly situated,
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Plaintiffs,
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v.
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NEW YORK LIFE INSURANCE
18 COMPANY a New York corporation, and
NEW YORK LIFE INSURANCE AND
19 ANNUITY CORPORATION, a Delaware
corporation,
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Defendants.
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Case No. 4:16-cv-00913-JSW

STIPULATION TO SET BRIEFING
SCHEDULE FOR MOTION TO DISMISS
COMPLAINT (L.R. 6-1(b), 6-2)
AND ORDER THEREON

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Case No. 4:16-cv-00913-JSW
STIPULATION TO SET BRIEFING SCHEDULE

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Pursuant to Local Rules 6-1(b) and 6-2, Plaintiffs Nick V. Lujan, James A. Charles, and

2 Barbara C. Wright (collectively, “Plaintiffs”) and Defendants New York Life Insurance Company
3 and New York Life Insurance and Annuity Corporation (collectively, “Defendants”) hereby
4 respectfully stipulate and jointly request that the Court modify the briefing schedule as to
5 Defendants’ planned motion to dismiss the Complaint filed by Plaintiffs.
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RECITALS

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1.

Plaintiffs’ Complaint was originally filed in the Superior Court for the State of

8 California for the County of Contra Costa, but was removed to this Court on February 24, 2016.
9 Dkt. 1.
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2.

Defendants intend to move to dismiss Plaintiffs’ Complaint under Rule 12 of the

11 Federal Rules of Civil Procedure. Defendants’ response to the Complaint would otherwise be due
12 on March 2, 2016. Given the complexity of the issues raised by the Complaint and to be addressed
13 in Defendants’ anticipated motion to dismiss, the parties agree that the below schedule for briefing
14 and hearing on the motion is warranted.
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3.

There have not been any previous time modifications in the case.

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4.

This requested time modification does not impact on any other aspects of the

17 schedule for the case, or any dates set by the Court.
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5.

Pursuant to the foregoing, Plaintiffs and Defendants hereby stipulate and agree to

19 the following modification and request the Court’s approval of their stipulation to the proposed
20 briefing schedule as follows:
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Event

Previous
Date

Stipulated/Requested
New Date

Last day for Defendants to file a motion to
dismiss the Complaint

3/2/16

3/22/16

Last day for Plaintiffs to file an opposition

n/a

4/05/16

Last day for Defendants to file a reply

n/a

4/15/16

Hearing on Defendants’ motion to dismiss
the Complaint

n/a

4/29/16

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Case No. 4:16-cv-00913-JSW
STIPULATION TO AMEND BRIEFING
SCHEDULE

1 DATED: February 26, 2016

DENTONS US LLP

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By:

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DATED: February 26, 2016

/s/ Andrew S. Azarmi
Laura Leigh Geist
Andrew S. Azarmi
Attorneys for Defendants New York Life Insurance
Company and New York Life Insurance and
Annuity Corporation

BRAMSON, PLUTZIK, MAHLER &
BIRKHAEUSER LLP

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By:

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/s/ Robert M. Bramson
Robert M. Bramson
Attorneys for Plaintiffs Nick V. Lujan, James A.
Charles, and Barbara C. Wright

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CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained
17 concurrence regarding the filing of this document from the indicated signatories to the document.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
March 1
Dated: February ___, 2016

Honorable Jeffrey S. White
United States District Judge

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Case No.
CORPORATE DISCLOSURE STATEMENT OF
DEFENDANTS (FED. R. CIV. P. 7.1)