Hohs v. Allstate Insurance Company

Filing 27

STIPULATION AND ORDER AS MODIFIED BY THE COURT CONTINUING TRIAL re 26 Stipulation. Set/Reset Deadlines as to 26 Stipulation, 21 MOTION for Summary Judgment. Motion 21 Hearing set for 2/1/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Opp osition due by 1/11/2010. Reply due by 1/19/2010. Final Pretrial Conference set for 4/12/2010 11:00 AM, Jury Selection set for 4/27/2010 09:00 AM, Jury Trial set for 4/28/2010 01:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/19/2009. (ecg, COURT STAFF) (Filed on 11/20/2009)

Case5:08-cv-02177-JW Document26

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. California Blvd., Suite 800 Walnut Creek, California 94596 [phone]

STEPHEN HOHS 61 Cherry Crest Lane San Jose, California 95136 Telephone: [phone]

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Plaintiff, Pro Se

Attorneys for Defendant ALLSTATE INSURANCE COMPANY

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Case No. C 08-02177 JW

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

STEPHEN M. HOHS, Plaintiff, vs. ALLSTATE INSURANCE COMPANY and DOES 1 through 100, inclusive, Defendants.

No. C 08-02177 JW STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL

Pursuant to Civil L.R. 7-1, 7-12 and 40-1, the parties, by and through their respective counsel of record, hereby stipulate and agree as follows and respectfully request that the Court approve and give effect to their stipulation: Allstate noticed its Motion For Summary Judgment Or, In The Alternative, Partial Summary Judgment (the "Motion") for hearing on November 23, 2009; The Court continued the hearing on the Motion to February 1, 2010;
-1STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL

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CYNTHIA L. MELLEMA (State Bar No. 122798) JEFFRY BUTLER (State Bar No. 180936) MICHELLE BRADLEY (State Bar No. 221323) SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. California Blvd., Suite 800 Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone]

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Case5:08-cv-02177-JW Document26

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. California Blvd., Suite 800 Walnut Creek, California 94596 [phone]

Pursuant to the Court's September 10, 2009 order, the parties' joint pretrial conference statement, in limine motions and proposed jury instructions are due February 8, 2010, only seven days after the hearing on the Motion; and The parties want to maximize judicial efficiency and conserve resources by limiting trial preparation activities until the Court has had the opportunity to rule on the Motion and potentially narrow the issues for trial or eliminate the need for trial. THEREFORE, IT IS AGREED AND STIPULATED THAT the new trial and attendant dates are as follows: 1. Joint pretrial statement, in limine motions and proposed jury instructions due 2. 3. 4. Final pretrial conference Jury selection Trial April 13, 2010 May 17, 2010 June 1, 2010 June 2, 2010

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IT IS SO STIPULATED.

FILER'S ATTESTATION: Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. DATED: November 5, 2009 By: ___/S/ MICHELLE A. BRADLEY__________ Michelle Bradley STEPHEN HOHS

Dated: November 5, 2009

By __/s/ Stephen Hohs____________________ STEPHEN HOHS Plaintiff Pro Se

Case No. C 08-02177 JW

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STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL

Case5:08-cv-02177-JW Document26

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. California Blvd., Suite 800 Walnut Creek, California 94596 [phone]

Dated: November 5, 2009

SONNENSCHEIN NATH & ROSENTHAL LLP

By ____/s/ Michelle A. Bradley_____________ MICHELLE BRADLEY Attorneys for Defendant ALLSTATE INSURANCE COMPANY ORDER The parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED THAT the new trial and attendant dates are as follows: 1. Joint pretrial statement, in limine motions March 15, 2010 and proposed jury instructions due 2. 3. 4. Final pretrial conference Jury selection Trial April 13, 2010 May 17, 2010 April 12, 2010 at 11 a.m. June 1, a.m. April 27, 2010 at 92010

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June 2, 2010 April 28-30, 2010, 1 p.m. - 4 p.m. May 4-7, 2010, 1 p.m. - 4 p.m. Submit: May 11, 2010 at 1 p.m. Dated: _______________ __________________________________ Hon. James on Defendant's Motion for In light of this Order and the Clerk's Notice moving the hearingWare U.S. District Court Judge Summary Judgment from November 23, 2009 to February 1, 2010 at 9 a.m., Plaintiff's request for extension of time to file an Opposition is moot. (Docket Item No. 25.) The Court reminds Plaintiff that even though he is pro se, all requests requiring the Court to take action must be filed as a Motion in accordance with the Civil Local Rules of Court and not by personal letter to the Court. Plaintiff shall file his Opposition, if any, to Defendant's Motion for Summary Judgment on or before January 11, 2010. Defendant's Reply, if any, shall be filed on or before January 18, 2010. January 19, 2010. Dated: November 19, 2009
Case No. C 08-02177 JW

__________________________ JAMES WARE -3United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL