Waissman v. Life Insurance Company of North America et al

Filing 35

STIPULATION AND ORDER RE: BRIEFING SCHEDULE FOR MOTION FOR AN AWARD OF ATTORNEY'S FEES AND COSTS re 34 . Signed by Judge Jeremy Fogel on 2/2/10. (dlm, COURT STAFF) (Filed on 2/11/2010)

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CHARLES B. PERKINS (#126942) FLYNN, ROSE & PERKINS 59 North Santa Cruz Avenue, Suite Q Los Gatos, California 95030 [phone] [e-mail] Attorney for Plaintiff, DALIT WAISSMAN

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DALIT WAISSMAN, Plaintiff, vs. LIFE INSURANCE COMPANY OF NORTH AMERICA, SAP AMERICA, INC., LONG TERM DISABILITY INCOME PLAN, and SAP AMERICA, INC. LIFE INSURANCE PLAN. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C08 04731 JF STIPULATION RE: BRIEFING SCHEDULE FOR MOTION FOR AN AWARD OF ATTORNEY'S FEES AND COSTS, AND PROPOSED ORDER

WHEREAS, the Court's Findings of Fact and Conclusion of Law in this matter was filed on January 20, 2010; WHEREAS, the Court's Findings of Fact and Conclusions of Law directs counsel to meet and confer as to the proper form of judgment and a briefing schedule for a Motion for an Award of Attorney's Fees and Costs; WHEREAS, counsel are discussing the proper form of judgment and have agreed to discuss whether the claim for attorney's fees and costs can be resolved by stipulation; NOW, THEREFORE, the parties, by and through their counsel of record, hereby agree and stipulate that Plaintiff's motion for an award of attorney's fees and costs shall be timely if filed

STIPULATION/PROPOSED ORDER RE: BRIEFING SCHEDULE ­ ATTORNEY'S FEES & COSTS Case No. C08 04731 JF

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within 30 days of entry of judgment, and that the filing of the Findings of Fact and Conclusions of Law on January 20, 2010 does not trigger the deadline for Plaintiff to bring a motion for attorney's fees and costs. D IT IS SO STIPULATED. FLYNN, ROSE & PERKINS
By ______/s/ Charles B. Perkins CHARLES B. PERKINS

ATE: January 29, 2010

Attorney for Plaintiff Dalit Waissman DATE: January 29, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP
By ______/s/ Sean P. Nalty SEAN P. NALTY

Attorney for Defendant Life Ins. Company of N. America ORDER Having considered the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that Plaintiff's Motion for Attorney's Fees and Costs shall be timely if made within 30 days of entry of judgment, and that the filing of the Findings of Fact and Conclusions of Law on January 20, 2010 does not trigger the deadline for Plaintiff to make a motion for attorney's fees and costs. IT IS SO ORDERED. DATE: 2/2/10

JUDGE JEREMY FOGEL

STIPULATION/PROPOSED ORDER RE: BRIEFING SCHEDULE ­ ATTORNEY'S FEES & COSTS Case No. C08 04731 JF

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