Garber v. Aetna, Inc. et al

Filing 16

STIPULATION AND ORDER re 15 Further Extending Time to Respond to Complaint; as Modified by the Court to Also Continue the Case Management Conference. CMC 6/29/10 at 2:00 p.m. Signed by Judge Patricia V. Trumbull on 4/30/10. (pvtlc1) (Filed on 5/3/2010)

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RONALD K. ALBERTS (SBN 100017) [e-mail] GORDON & REES LLP 633 West Fifth Street, Suite 4900 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] TAD A. DEVLIN (SBN 190355) [e-mail] LESLIE K. CRARY (SBN 148260) [e-mail] GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants AETNA LIFE INSURANCE COMPANY, and AETNA HEALTH OF CALIFORNIA, INC., HUGO N. GERSTL (SBN 37927) [e-mail] GERSTL & HUDSON 2460 Garden Road, Suite C Monterey, CA 93940 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DAVID GARBER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID GARBER, ) ) v. ) ) AETNA, INC., a Delaware corporation, ) AETNA LIFE INSURANCE COMPANY, a ) Delaware corporation, AETNA HEALTH, INC. ) a Connecticut corporation, AETNA HEALTH ) OF CALIFORNIA, INC., a California ) corporation, and DOES 1-10, inclusive, ) ) Defendants. ) ) Plaintiff, CASE NO. C10-00456 STIPULATION AND ORDER FU RTHER E XTENDING TIME TO RESPOND TO COMPLAINT; AS MODIFIED BY THE COURT TO ALSO CONTINUE THE CASE MANAGEMENT CONFERENCE

1 STIPULATION AND ORDER FURTHER EXTENDING TIME TO RESPOND TO COMPLAINT

CASE NO. C 10-00456

PVT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: April 30, 2010 GERSTL & HUDSON /s/ Hugo N. Gerstl By______________________________ Hugo N. Gerstl Attorneys for Plaintiff 2
STIPULATION AND ORDER FURTHER EXTENDING TIME TO RESPOND TO COMPLAINT
CASE NO. C 10-00456

The parties hereby stipulate as follows: WHEREAS the parties, through their respective counsel, have been meeting and conferring about whether it is possible to settle this action; WHEREAS, Defendants anticipate that if this action is not informally resolved, it may be appropriate to file a motion to dismiss or other motion, rather than an answer, as their initial responsive pleading; WHEREAS Defendants' response to the Complaint filed by Plaintiff in this action is currently due May 3, 2010. The parties agree that Defendants' response is extended until Jun 2, 2010 to enable ongoing settlement discussions and gathering of information to continue for further evaluation. WHEREAS the parties anticipate that settlement discussions will be disrupted if Respondents must prepare a responsive pleading, including a motion to dismiss, before those discussions are concluded; THE PARTIES HEREBY STIPULATE, by and through their respective counsel, that Defendants' time to respond to Plaintiff's Complaint is extended up to and including June 2, 2010. DATED: April 30, 2010 GORDON & REES LLP /s/ L eslie K . C rary By____________________________ Ronald K. Alberts Tad A. Devlin Leslie K. Crary Attorneys for Defendants AETNA LIFE INSURANCE COMPANY, and AETNA HEALTH OF CALIFORNIA, INC.

PVT

1 2 3 4 DATED: April 30, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

DAVID GARBER I, LESLIE K. CRARY, hereby attest that HUGO N. GERSTL, counsel for plaintiff, concurs in the filing of this Stipulation. /s/ L eslie K . C rary By_____________________________ Leslie K. Crary

IT IS SO ORDERED. Also, the CMC is continued to 2:00 p.m. on June 29, 2010. DATED: __4/30___, 2010 _________________________________ United States Magistrate Judge

STIPULATION AND ORDER FURTHER EXTENDING TIME TO RESPOND TO COMPLAINT

CASE NO. C 10-00456

PVT