Day v. SBC Disability Income Plan

Filing 132

STIPULATION AND ORDER AS MODIFIED BY THE COURT for Continuance of Filing Date for Opening Briefs for Cross Motions for Summary Judgment re 130 Stipulation. Opening brief due 2/16/2010. All briefing to be completed by 3/19/2010. Motion Hearing set for 4/5/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 2/11/2010. (ecg, COURT STAFF) (Filed on 2/11/2010)

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ROBERT B. NICHOLS (SB# 224763) [e-mail] 300 South First Street, Suite 205 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DAVID DAY

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STEPHEN H. HARRIS (SB# 184608) [e-mail] CAROLINE L. ELKIN (SB# 209156) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071-2228 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AT&T DISABILITY INCOME PLAN (formerly known as SBC DISABILITY INCOME PLAN)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DAVID DAY, Plaintiff, vs. SBC DISABILITY INCOME PLAN, Defendant.

CASE NO. C06-01740-JW JOINT STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF FILING DATE FOR OPENING BRIEFS FOR CROSS MOTIONS FOR SUMMARY JUDGMENT

WHEREAS, in the Court's Order Setting Hearing for Cross-Motions for Summary Judgment dated December 2, 2009, the Court set the hearing on cross-motions for summary judgment in the above-referenced matter for March 22, 2010; WHEREAS, pursuant to the Civil Local Rules of the Court, the parties understand the filing deadline for the cross-motions for summary judgment to be February 12, 2010;
JOINT STIPULATION FOR CONTINUANCE AND [PROPOSED] ORDER USDC ND CAL C06-01740 JW
LEGAL_US_W # 63832899.1

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: Dated:

WHEREAS, Defendant is prepared to file its motion for summary judgment on February 12, 2010, but Plaintiff's counsel, Robert B. Nichols, needs additional time to file Plaintiff's motion for summary judgment; WHEREAS, Plaintiff asked Defendant to stipulate to extend the time to file the opening briefs for the cross-motions for summary judgment to February 16, 2010, and Defendant agreed to accommodate Plaintiff's request; WHEREAS, the parties agree that the Civil Local Rules of the Court shall continue to apply to the filing deadlines for the opposition and reply briefs for the cross motions for summary judgment, which dates will remain unchanged despite this stipulation regarding the opening briefs; THEREFORE, all parties and their counsel stipulate to and request the Court's approval for a continuance of the filing deadline for the opening briefs for the cross motions for summary judgment to February 16, 2010 and unless otherwise ordered by the Court, the hearing will remain set for March 22, 2010 at 9:00 A.M.

February 4, 2010

ROBERT B. NICHOLS

February 4, 2010

/s/ Robert B. Nichols Robert B. Nichols Attorneys for Plaintiff David Day PAUL, HASTINGS, JANOFSKY & WALKER LLP

/s/ Caroline L. Elkin Caroline L. Elkin Attorneys for Defendant AT&T Disability Income Plan (formerly known as SBC Disability Income Plan)

LEGAL_US_W # 63832899.1

JOINT STIPULATION FOR CONTINUANCE AND [PROPOSED] ORDER USDC ND CAL C06-01740 JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 determined by the Court. 21 22 23 24 25 26 27 28 vs. DAVID DAY, Plaintiff,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CASE NO. C06-01740-JW [PROPOSED] ORDER AS MODIFIED BY THE COURT

SBC DISABILITY INCOME PLAN, Defendant.

Pursuant to the stipulation of the parties, IT IS ORDERED THAT: 1. Opening Briefs for the Cross Motions for Summary Judgment shall be filed February 16, 2010. 2. Opposition and Reply Briefs for the Cross Motions for Summary Judgment shall be filed according to the Civil Local Rules of the Court, notwithstanding the stipulation of the parties regarding the Opening Briefs. All briefing shall be completed by March 19, 2010.

at 9:00 AM. 3. The Hearing Date is continued to April 5, 2010 at 9:00 A. M. or as otherwise shall remain March 22,

11th February San Jose, California, this _____ day of ________________, 2010.
_________________________________________ JAMES WARE UNITED STATES DISTRICT JUDGE

LEGAL_US_W # 63832899.1

JOINT STIPULATION FOR CONTINUANCE AND [PROPOSED] ORDER USDC ND CAL C06-01740 JW