Ticzon v. Northwest Airlines Pension Plan for Contract Employees

Filing 21

STIPULATION AND ORDER 20 to Continue Case Management Conference.Case Management Conference set for 9/26/2008 10:30 AM. Signed by Judge Ronald M. Whyte on 9/4/08. (jg, COURT STAFF) (Filed on 9/4/2008)

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Karen E. Wentzel (SBN 112179) DORSEY & WHITNEY LLP 1717 Embarcadero Road Palo Alto, California 94303 (650) 857-1717 : phone (650) 857-1288 : fax Email: efilingPA@dorsey.com wentzel.karen@dorsey.com Attorneys for Defendant NORTHWEST AIRLINES PENSION PLAN FOR CONTRACT EMPLOYEES *E-FILED - 9/4/08* UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION WILLIE F. TICZON, Plaintiff, NORTHWEST AIRLINES PENSION PLAN FOR CONTRACT EMPLOYEES, Defendants. CASE NO.: C 08-00676 RMW JOINT STATUS REPORT RE ALTERNATIVE DISPUTE RESOLUTION xxxxxxxxx AND PROPOSED ORDER CASE MANAGEMENT CONFERENCE DATE: SEPTEMBER 4,2008 TIME: 10:30 A.M. TH PLACE: COURTROOM 4, 6 FLOOR WHEREAS Willie F. Ticzon has filed a complaint against the Northwest Airlines Pension Plan for Contract Employees ("the Plan") seeking disability pension benefits; WHEREAS the Court has previously, pursuant to the parties' stipulation, agreed to stay this action while the parties discuss potential alternative procedures for this matter; WHEREAS these alternative procedures would include an independent medical exam ("IME") by a physician jointly agreed to by the parties; WHEREAS the parties have been working to find a mutually agreeable physician to conduct an IME; WHEREAS, Defendant is continuing to research a new medical group proposed by Plaintiff, and both parties are hopeful that a mutually agreeable physician can be found for an -iJOINT STATUS REPORT RE ALTERNATIVE DISPUTE RESOLUTION AND PROPOSED ORDER CASE NO. C 08-00676 RMW xxxxxx IME, which may forestall the need for further proceedings before this Court; WHEREAS counsel for Northwest contacted the Court's clerk earlier today (Sept. 4,2008) and represented that the parties would be amenable to another short (three-week) stay (and accompanying extension of the Case Management Conference) pending this review, which the Court's clerk indicated would be acceptable. NOW THEREFORE because of the ongoing discussions, the parties request that the Court's previously scheduled September 5,2008 Case Management Conference be moved to September 26, 2008, at which time the parties expect to have agreed upon a mutually acceptable physician. Dated: September 4, 2008 DORSEY & WHITNEY LLP By:_ J3L KAREN E. WENTZEL Attorneys for Defendant NORTHWEST AIRLINES PENSION PLAN FOR CONTRACT EMPLOYEES Dated: September 4, 2008 LAW OFFICES OF RUSSELL G. PETTI By:,, RUSSELL G. PETTI Attorneys for Plaintiff Willie Ticzon ORDER Pursuant to the Stipulation of the Parties, it is Hereby Ordered that the Case Management Conference currently set for September 5, 2008 be continued to September 26, 2008 at 10:30 a.m. IT IS SO ORDERED. Date: _M_ 9/4/08 HON. RONALD M. WHYTE, JUDGE JOINT STATUS REPORT RE ALTERNATIVE DISPUTE RESOLUTION AND PROPOSED ORDER CASE NO. C 08-00676 RMW xxxxxx NOTICE OF E-FILING I hereby certify that on this 4th day of September, 2008,1 electronically transmitted the attached document to the Clerk of the Court using the ECF System for filing and transmittal of a notice of electronic filing to the following parties. /s/ Mildred Schwam Mildred Schwam

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