Allen v. Apple, Inc. Long Term Disability Plan et al

Filing 38

STIPULATION AND ORDER VACATING HEARING SCHEDULED FOR MAY 7, 2010 AND SCHEDULING A FURTHER CASE MANAGEMENT CONFERENCE (approving 37 ). Case Management Conference set for 5/28/2010 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/6/2010. (jflc2, COURT STAFF) (Filed on 5/6/2010)

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Michelle L. Roberts - CA STATE BAR NO. 239092 Cassie Springer-Sullivan - CA STATE BAR NO. 221506 SPRINGER-SULLIVAN & ROBERTS LLP 410 - 12th Street, Suite 325 Oakland, CA 94607 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] Attorneys for Plaintiff Sean P. Nalty - CA STATE BAR NO. 121253 Shilpa G. Doshi - CA STATE BAR NO. 253024 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendants

**E-Filed 5/6/2010**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LAURA ALLEN, vs. Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. C09-04459 JF NOTICE OF SETTLEMENT; JOINT STIPULATION AND ---R-------S----- ORDER VACATING [P --OPO - ED] HEARING SCHEDULED FOR MAY 7, 2010 AND SCHEDULING A FURTHER CASE MANAGEMENT CONFERENCE

APPLE INC. LONG TERM DISABILITY PLAN; CIGNA GROUP INSURANCE, Defendants.

TO THE CLERK OF THE COURT, THE HONORABLE JEREMY FOGEL, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: WHEREAS, Plaintiff Laura Allen, and Defendants, Apple Inc. Long Term Disability Plan and Life Insurance Company of North America (incorrectly sued as CIGNA Group Insurance) (collectively, "the Parties"), have agreed to a settlement in principle of all claims and NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C09-04459 JF]

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causes of action alleged in the above-referenced action; WHEREAS, the Parties are in the process of preparing the settlement documents and anticipate requiring four weeks to finalize and effectuate the terms of the settlement; WHEREAS, the Parties are scheduled to appear for a bench trial on the Parties' motions for judgment on May 7, 2010 at 2:30 p.m.; WHEREAS, in light of the recent settlement in principle, the Parties believe that the bench trial scheduled for May 7, 2010 at 2:30 p.m. should be vacated; and WHEREAS, the Parties desire to schedule a further case management conference for May 28, 2010 at 10:30 a.m. to enable the Parties sufficient time to finalize the settlement and dismiss the case with prejudice, or if a settlement cannot be reached, to set a date for a bench trial on the Parties' motions for judgment; NOW, THEREFORE, the Parties stipulate as follows: The bench trial on the Parties' motions for judgment scheduled for May 7, 2010 at 2:30 p.m. will be vacated; The Parties will appear for a further case management conference on May 28, 2010 at 10:30 a.m., or as soon thereafter as may be heard by the Court.

IT IS SO AGREED AND STIPULATED. Dated: May 5, 2010 By: SPRINGER-SULLIVAN & ROBERTS LLP /s/ Michelle L. Roberts Attorneys for Plaintiff

Dated: May 5, 2010 By:

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP /s/ (Authorized on May 5, 2010) Sean Nalty Attorneys for Defendants

NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C09-04459 JF]

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PURSUANT TO STIPULATION, IT IS SO ORDERED. 5/6/2010 Dated: ______________

________________________________ Honorable Jeremy Fogel United States District Court Judge

NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C09-04459 JF]

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