Waissman v. Life Insurance Company of North America et al

Filing 11

ORDER APPROVING 10 STIPULATION OF THE PARTIES REQUESTING CONTINUANCE OF THE FEBRUARY 27, 2009 CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 2/27/2009 is CONTINUED to 7/10/2009 at 10:30 AM. Signed by Judge Jeremy Fogel on 2/23/09. (jflc2, COURT STAFF) (Filed on 2/24/2009)

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SEAN P. NALTY, Esq. (SBN 121253) Email: [e-mail] WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, California 94105 Tel: [phone] Fax: [phone] Attorneys for Defendants, LIFE INSURANCE COMPANY OF NORTH AMERICA, SAP AMERICA, INC., LONG TERM DISABILITY PLAN and SAP AMERICA, INC., LIFE INSURANCE PLAN

**E-Filed 2/24/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DALIT WAISSMAN,

) ) Plaintiff, ) ) v. ) ) LIFE INSURANCE COMPANY OF NORTH ) AMERICA; SAP AMERICA, INC., LONG ) TERM DISABILITY PLAN ) and SAP AMERICA, INC., LIFE ) INSURANCE PLAN ) Defendants.

CASE NO.

C08-04731 JF

STIPULATION OF THE PARTIES REQUESTING CONTINUANCE OF THE FEBRUARY 27, 2009 CASE MANAGEMENT CONFERENCE IN THIS MATTER; -------------ORDER PROPOSED

Action Filed: October 14, 2008

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Plaintiff DALIT WAISSMAN through her counsel of record in this matter, Charles Perkins, Flynn, Rose & Perkins, and defendants LIFE INSURANCE COMPANY OF NORTH AMERICA; SAP AMERICA, INC., LONG TERM DISABILITY PLAN and SAP AMERICA, INC., LIFE INSURANCE PLAN through their counsel of record Sean Nalty, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, hereby enter into the following stipulation: This matter is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"). Based on the facts set forth below, the parties hereby request that the Court continue

the Case Management Conference ("CMC") in this matter, currently set for February 27, 2009, for 120 days. The parties have filed with the Court their Alternative Dispute Resolution stipulation selecting private mediation. Mr. Perkins and Mr. Nalty already have discussed several times the issues that must be addressed in trying to settle this matter. The parties have stipulated to complete the mediation within 120 days. If the matter does not settle, the parties at the continued CMC will request that this matter be set for a bench trial. Therefore, continuing the CMC will not interfere with the prompt resolution of this matter. It will allow the parties to focus resources and time on the resolution of this matter either through informal negotiations or the mediation.

Date: February 19, 2009

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Sean P. Nalty SEAN P. NALTY Attorneys for Defendants, LIFE INSURANCE COMPANY OF NORTH AMERICA SAP AMERICA, INC., LONG TERM DISABILITY PLAN and SAP AMERICA, INC., LIFE INSURANCE PLAN FLYNN, ROSE & PERKINS By: /s/ Charles B. Perkins_______________ CHARLES B. PERKINS Attorneys for Plaintiff DALIT WAISSMAN,
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Date: February 19, 2009

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ORDER Based on the stipulation of the parties, and good cause appearing therefore, the Case Management Conference in this matter currently set for February 27, 2009 at 10:30 a.m. is continued

July 10, 2009 one hundred and twenty days to __________________ at 10:30 a.m.
Dated: ___________________

2/23/09

__________________________________
HONORABLE JEREMY FOGEL JUDGE OF THE SUPERIOR COURT

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