Stewart Reichardt v. Metropolitan Life, Inc et al

Filing 23

STIPULATION AND ORDER AS MODIFIED BY THE COURT Continuing Case Management Conference. re 22 Proposed Order. Joint Case Management Statement due by 10/8/2010. Initial Case Management Conference set for 10/18/2010 10:00 AM. Signed by Judge James Ware on 6/3/2010. (ecg, COURT STAFF) (Filed on 6/3/2010)

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UNIT ED 2 3 4 Attorneys for Plaintiff 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 3. 4. 2. v. METROPOLITAN LIFE, INC aka METLIFE INC., METLIFE BANK, N.A and DOES 1-20. Defendants. STEWART REICHARDT Plaintiff, ER N F D IS T IC T O R A C UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. 10-01170 JW STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Plaintiff Stewart Reichardt and Defendant MetLife Bank N.A, hereby file this Stipulation and proposed order to continue the case management conference. 1. On March 12, 2010, Plaintiff Reichardt filed a First Amended Complaint in state court in Santa Clara County. On March 19, 2010, Defendant petitioned to the remove the matter to Federal court citing diversity of citizenship as reason for Federal jurisdiction. An initial Case Management Conference was scheduled for June 8, 2010 at this time. On April 5, 2010, both parties requested via stipulation that the original June 8, 2010 Case Management Conference be vacated and rescheduled for a later date and time. Defendant's counsel has a conflict with the June 14, 2010 date due to vacation plans in conjunction with her daughter's graduation from high school. On April 8, 2010, Magistrate Judge Lloyd signed an order granting the request, and rescheduled the case management conference for June 22, 2010. STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CV-10-01170-JW LI 6/3/2010 FO m Judge Ja es Ware R NIA 1 Phillip M. Sims (SBN:51590) P. Sophie Mai (SBN:254361) SIMS & LAYTON 84 W. Santa Clara St., #660 San Jose, CA 95113 (408) 998-3400 S S DISTRICT TE C TA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H 1 2 3 6. On April 15, 2010, Defendant filed a Motion to Dismiss Plaintiff's complaint; hearing date set for May 25, 2010. 7. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11. 10. 9. 8. On April 16, 2010, Plaintiff filed a Notice of Dismissal without prejudice as to Defendant Metropolitan Life, Inc. also known as Metlife, Inc. Judge Ware granted the order dismissing Metropolitan Life, Inc. also known as MetLife, Inc. as a Defendant on April 29, 2010. On April 26, 2010, Defendant filed its declination to proceed before a Magistrate Judge and requested for reassignment to a United States District Judge. As a result, Judge James Ware was assigned to this matter. Per the clerk's notice, both parties were informed that any and all matters set for hearing are vacated and should be re-noticed for hearing before the judge to whom the case has been reassigned. All parties have been duly notified of the new Motion to Dismiss hearing date set for October 18, 2010. In light of these events, both parties hereby stipulate and request on order scheduling the Case Management Conference currently set for June 22, 2010, be rescheduled after Defendant's Motion to Dismiss October 18, 2010 hearing. Respectfully Submitted, 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CV-10-01170-JW Date : 5/18/2010 SIMS & LAYTON /s/ Sophie Mai Gines ____ PHILLIP M. SIMS SOPHIE MAI GINES Attorneys for Plaintiff Stewart Reichardt /// /// //// 1 2 Date: 5/18/2010 3 4 5 6 7 MARGOLIS & TISMAN LLP /s/ Susan J. Boyle____ SUSAN J. BOYLE. Attorney for Defendant MetLife Bank, N.A. [Proposed] Order The Court, having read and considered the Stipulated Request to Reschedule the Case 8 Management Conference currently set for June 22, 2010, HEREBY ORDERS THAT the case 9 management conference be continued to October 18, 2010 at______,AM. On or before _________, 2010 at 10:00 __m 10 OctobeIT8, 2010, the parties shall submit a joint case schedule be further modified as follows: r IS FURTHER ORDERED THAT the case management conference statement. 11 ________________, 2010 is the last day to: Dated: June 3, 2010 _____________________________________ 13 United States District Judge Meet and Confer regarding the initial disclosures, early settlement, ADR 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Date__________________ 28 ________________________ US District Judge JAMES WARE Complete Initial Disclosures or state objection in Rule 26(f) Report; and File Case Management Statement per attaching Standing Order re Contents of Joint Case Management Statement IT IS SO ORDERED. File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference, _______________, 2010 is the last day to: File Rule 26(f) Report; File ADR Certification signed by Parties and Counsel; and process selection, and discovery plan; STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CV-10-01170-JW

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