Jones v. Metropolitan Life Insurance Company et al

Filing 92

STIPULATION AND ORDER Granting Extension of time to File Reply Briefs re 91 Stipulation. Replies due 5/3/2010. The hearing remains as scheduled for 5/24/2010 at 9:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 4/13/2010. (ecg, COURT STAFF) (Filed on 4/13/2010)

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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 SUSAN RENE JONES SEDGWICK, DETERT, MORAN & ARNOLD LLP REBECCA A. HULL Bar No. 99802 [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 PT PVT STIPULATION TO EXTEND REPLY BRIEF DUE DATES AND [PROPOSED] ORDER DATE: TIME: PLACE: MAY 24, 2010 9:00 A.M. COURTROOM 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:
-1CASE NO. C 08-03971 JW PT STIPULATION TO EXTEND DUE DATE OF REPLY BRIEFS ON CROSS MSJS AND MOTION TO STRIKE

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WHEREAS, pursuant to prior Stipulations, the Court has scheduled the hearing on the parties' Cross Motions for Summary Judgment and on Defendants' Motion to Strike in this case to be heard on May 24, 2010, with Reply Briefs due April 19, 2010; WHEREAS, the parties do not seek to continue the hearings on their respective Cross Motions for Summary Judgment or on defendants' Motion to Strike; WHEREAS, Plaintiff's counsel suffered a computer crash Monday evening and is just recovering the documents and data related to this case; WHEREAS, counsels' earliest mutually available date for filing reply briefs is May 3,

WHEREAS, the Parties agree that a continuance of the filing date is appropriate in light of the circumstances, and jointly request that the Court extend the due date for Reply Briefs until May 3, 2010, while retaining the May 24, 2010 hearing date for their respective Cross Motions for Summary Judgment and Defendants' Motion to Strike. WHEREAS, neither the parties nor the Court will be prejudiced by extending the Reply Briefs' due dates; NOW, THEREFORE, the Parties hereby stipulate and mutually request that the Court grant an extension of the due date for reply briefs on their respective Cross Motions for Summary Judgment and Defendant's Motion to Strike of May 3, 2010, while retaining the hearing date currently set for 9:00 a.m. on May 24, 2010. IT IS SO STIPULATED. DATED: April 8, 2010 ROBERT B. NICHOLS

By: _/s/ Robert B. Nichols Robert B. Nichols Attorneys for Plaintiff Susan Rene Jones DATED: April 8, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: /s/ Rebecca A. Hull Rebecca A. Hull Attorneys for Attorneys for Defendants

-2CASE NO. C 08-03971 JW PT STIPULATION TO EXTEND DUE DATE OF REPLY BRIEFS ON CROSS MSJS AND MOTION TO STRIKE

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-3CASE NO. C 08-03971 JW PT STIPULATION TO EXTEND DUE DATE OF REPLY BRIEFS ON CROSS MSJS AND MOTION TO STRIKE

[PROPOSED] ORDER PURSUANT TO THE STIPULATION, IT IS ORDERED THAT Reply Briefs on the parties' Cross Motions For Summary Judgment and on Defendant's Motion To Strike shall be due May 3, 2010, with a hearing set for 9:00 a.m. on May 24, 2010 on all motions. IT IS SO ORDERED. DATED: April 13, 2010 _____________________________________ JAMES WARE UNITED STATES DISTRICT COURT JUDGE