Jones v. Metropolitan Life Insurance Company et al

Filing 44

STIPULATION AND ORDER GRANTING CONTINUANCE OF CROSS MOTIONS FOR SUMMARYJUDGMENT AND DEFENDANTS' MOTION TO STRIKE re 43 Stipulation. Motion Hearing set for 4/5/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose.. Signed by Judge James Ware on 12/21/2009. (ecg, COURT STAFF) (Filed on 12/21/2009)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP REBECCA A. HULL Bar No. 99802 CARI A. COHORN Bar No. 249056 [e-mail] [e-mail] One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Metropolitan Life Insurance Company; Merck & Co., Inc. Long Term Disability Plan for Non Union Employees; Merck & Co., Inc., Administrator for Merck & Co., Inc. Long Term Disability Plan for Non Union Employees UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Susan Rene Jones, Plaintiff, v. Metropolitan Life Insurance Company; Merck & Co., Inc. Long Term Disability Plan for Non Union Employees; Merck & Co., Inc., Administrator for Merck & Co., Inc. Long Term Disability Plan for Non Union Employees, Defendants.

CASE NO. C 08-03971 JW RS STIPULATION OF CONTINUANCE OF CROSS MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANTS' MOTION TO STRIKE AND [PROPOSED] ORDER JUDGE: DEPT: Hon. James Ware 8, 4th Floor

Defendants Metropolitan Life Insurance Company; Merck & Co., Inc. Long Term Disability Plan for Non Union Employees; Merck & Co., Inc., Administrator for Merck & Co., Inc. Long Term Disability Plan for Non Union Employees ("Defendants") and plaintiff Susan Rene Jones, ("Plaintiff") by and through their respective attorneys of record, hereby agree and stipulate as follows: WHEREAS, the Court has scheduled the hearing on Cross Motions for Summary Judgment in this case to be heard on February 1, 2010.
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WHEREAS, the Defendants have filed a Motion to Strike Plaintiff's Response to Defendants' Notice of Need for Further CMC currently set for hearing on March 15, 2010. WHEREAS, the Parties request a continuance of the hearing and briefing dates of both the Cross Motions for Summary Judgment and Defendants' Motion to Strike to April 5, 2010. WHEREAS, none of the parties will be prejudiced by extension of the briefing and hearing of the summary judgment cross motions or motion to strike. NOW, THEREFORE, the Parties hereby stipulate and mutually request that the Court grant an extension of the briefing schedule and hearing date for summary judgment cross motions so that opening briefs shall be due January 18, 2010, oppositions briefs shall be due February 8, 2010, reply briefs shall be due February 22, 2010 and a hearing set for 9:00 a.m. on April 5, 2010. Plaintiff's opposition to defendants' motion to strike shall be due February 8, 2010, defendants' reply shall be due February 22, 2010, and the hearing shall be held concurrently with the hearing on the cross motions for summary judgment on April 5, 2010.

IT IS SO STIPULATED. DATED: December 18, 2009 ROBERT B. NICHOLS

By: _/s/ Robert B. Nichols Robert B. Nichols Attorneys for Plaintiff Susan Rene Jones DATED: December 18, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

/s/ Cari A. Cohorn Rebecca A. Hull Cari A. Cohorn Attorneys for Attorneys for Defendants Metropolitan Life Insurance Company; Merck & Co., Inc. Long Term Disability Plan for Non Union Employees; Merck & Co., Inc., Administrator for Merck & Co., Inc. Long Term Disability Plan for Non Union Employees

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[PROPOSED] ORDER PURSUANT TO THE STIPULATION, IT IS ORDERED THAT Cross Motions for Summary Judgment shall be filed January 18, 2010, Opposition Memoranda shall be filed February 8, 2010 and Reply Memoranda shall be filed February 22, 2010. Plaintiff's Opposition Memorandum regarding Defendants' Motion to Strike shall be filed February 8, 2010, and Defendants' Reply Memorandum shall be filed February 22, 2010. The Hearing Dates for Cross Motions for Summary Judgment and Defendants' Motion to Strike shall be April 5, 2010.

IT IS SO ORDERED.

DATED:

December 21, 2009

_____________________________________ JAMES WARE UNITED STATES DISTRICT COURT JUDGE

-3CASE NO. C 08-03971 JW RS STIPULATION OF CONTINUANCE OF CROSS MOTIONS FOR SUMMARY JUDGMENT AND DEFENDANTS' MOTION TO STRIKE AND [PROPOSED] ORDER