Patricia Galvin v. Provident Life and Accident Insurance Company, et al

Filing 54

STIPULATION AND ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR COMPUTATION OF BENEFITS (approving 53 ). The Motion Hearing set for 6/11/2010 is CONTINUED to 7/2/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 6/7/2010. (jflc2, COURT STAFF) (Filed on 6/8/2010)

**E-Filed 6/8/2010** 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 PATRICIA GALVIN SCOTT KALKIN (SBN 120791) ROBOOSTOFF & KALKIN 369 Pine Street, Ste. 820 San Francisco, CA 94104 Tel: [phone] Fax: [phone] Attorneys for Plaintiff PATRICIA GALVIN THOMAS M. HERLIHY (SBN 83615) CATHERINE GREGORY (SBN 242006) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105-2725 Tel.: [phone] Fax: [phone] Attorneys for Defendants PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY and GROUP LONG TERM DISABILITY PLAN for HELLER, ERHMAN, WHITE & MCAULIFFE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) vs. ) ) PROVIDENT LIFE AND ACCIDENT ) INSURANCE COMPANY as Administrator and ) Fiduciary of the GROUP LONG TERM ) ) DISABILITY PLAN for HELLER, ERHMAN, WHITE & MCAULIFFE, and the GROUP LONG ) ) TERM DISABILITY PLAN for HELLER, ) ERHMAN, WHITE & MCAULIFFE, ) ) Defendant. ) Case No.: C07-05195 JF -----------------STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFF'S MOTION FOR COMPUTATION OF BENEFITS

The parties to the above captioned matter, plaintiff Patricia Galvin, through her attorney of record, Scott Kalkin, of Roboostoff & Kalkin, and defendants Provident Life & Accident Ins. Co. as administrator and fiduciary of Group Long Term Disability Plan for Heller, Erhman,

STIPULATION AND [PROPOSED] ORDER TO CONTINUE PLAINTIFF'S MOTION FOR COMPUTATION OF BENEFITS 547106.1 Case No. C 07-05195 JF

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White & McAuliffe, and the Group Long Term Disability Plan for Heller, Erhman, White & McAuliffe, through their attorneys of record, Catherine Gregory, of Wilson, Elser, Moskowitz, Edelman & Dicker LLP hereby advise the Court of the following developments, propose a stipulation, and respectfully request that the Court sign the accompanying order. Defendants regretfully advise the Court that their counsel, John C. Ferry, Esq., died on April 16, 2010. Unaware that Mr. Ferry had passed away, on April 28, 2010, plaintiff filed a Motion for Computation for Benefits with a hearing date of June 11, 2010. Because Mr. Ferry was primarily responsible for this litigation, the new attorney handling the remainder of the case needs additional time to become familiar with the file and complex procedural posture. Thus, the parties stipulate that hearing be continued to July 2, 2010, at 9:00 a.m. The parties also stipulate that all deadlines dependent on the hearing be continued accordingly. IT IS SO STIPULATED. Dated: May 28, 2010 ROBOOSTOFF & KALKIN By________/s/____________________ Scott Kalkin Attorney for Plaintiff PATRICIA GALVIN WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Dated: May 28, 2010 By________/s/_______________________ Catherine Gregory Attorney for Defendants PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY and GROUP LONG TERM DISABILITY PLAN for HELLER, ERHMAN, WHITE & MCAULIFFE ORDER GOOD CAUSE APPEARING THEREFOR, the hearing on plaintiff's Motion for Computation of Benefits is continued to July 2, 2010. 6/7/2010 Date: __________________, 2010 _____________________________________ The Honorable Jeremy Fogel UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER TO CONTINUE PLAINTIFF'S MOTION FOR COMPUTATION OF BENEFITS 547106.1 Case No. C 07-05195 JF