Esa v. Lockheed Martin Flexible Benefits Plan et al

Filing 41

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND ADR COMPLIANCE DATE re 39 . Case Management Conference set for 6/10/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 4/14/11. (dlm, COURT STAFF) (Filed on 4/15/2011)

1
2
3
4
5

TAD A. DEVLIN (SBN: 190355)
JOEL A. MORGAN (SBN: 262937)
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

11
12

NASSER ESA

13
14
15
16
17

Plaintiff,
vs.
LOCKHEED MARTIN FLEXIBLE BENEFITS
PLAN, LOCKHEED MARTIN GROUP
UNIVERSAL LIFE PLAN, LIFE INSURANCE
COMPANY OF NORTH AMERICA, and THE
PRUDENTIAL INSURANCE COMPANY OF
AMERICA

18
Defendants.
19

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 5:10-CV-03977 JF
-----------------STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND ADR COMPLIANCE DATE

20
21

TO THE COURT, THE PARTIES AND THEIR ATTORNEYS OF RECORD:

22

The parties in this action, Plaintiff Nasser Esa (“Plaintiff”) and Defendants Lockheed

23

Martin Flexible Benefits Plan, Lockheed Martin Group Universal Life Plan, Life Insurance

24

Company of North America, and The Prudential Insurance Company of America (together,

25

“Defendants”), by and through their respective counsel of record, hereby stipulate as follows:

26
27
28

WHEREAS the date to complete ADR and the Court’s Case Management Conference
was currently set for March 4, 2011;
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE AND ADR COMPLIANCE DATE
CASE NO. 5:10-CV-03977 JF

1

WHEREAS the parties have agreed to mediation with the Court assigned mediator,

2

Michael J. Loeb, but due to scheduling conflicts were not be able to complete mediation by

3

March 4, 2011;

4

WHEREAS the parties have tentatively agreed to conduct mediation on May 31, 2011;

5

WHEREAS the parties respectfully request the Court continue the ADR compliance date

6

to allow the May 31, 2011 mediation to take place within the compliance date, and continue the

7

Case Management Conference until June 10, June 17, or June 24, 2011 as convenient with the

8

Court, to allow the parties to proceed to mediation and then report to the Court on the case status.

9
10

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

11

Respectfully submitted.
IT IS SO STIPULATED:
Dated: April 5, 2011
THE LAW OFFICE OF STEVEN M.
CHABRE

12
13
14

By: /s/ Steven M. Chabre
Steven M. Chabre
Attorney for Plaintiff
NASSER ESA

15
16

_

17
Dated: April 5, 2011
18
19

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

20
21
22
23
24

By: /s/ Dennis Rhodes
_
Dennis Rhodes
Attorneys for Defendants
LOCKHEED MARTIN FLEXIBLE
BENEFITS PLAN, LOCKHEED
MARTIN GROUP UNIVERSAL LIFE
PLAN, AND LIFE INSURANCE
COMPANY OF NORTH AMERICA

25
26
27
28

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE AND ADR COMPLIANCE DATE
CASE NO. 5:10-CV-03977 JF

1

Dated: April 5, 2011

2

GORDON & REES LLP

3
4

By: /s/ Tad A. Devlin
_
Tad A. Devlin
Attorneys for Defendant
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

5
6
7
8
9

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that the ADR compliance
date is continued until May 31, 2011 and the Case Management Conference in this case is

11
Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

10

June 10
continued to ___________________, 2011.

12
13
14
15

4/14
Date: ____________________, 2011

_______________________________
JEREMY FOGEL
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28

ALBI/1066683/9562922v.1

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE AND ADR COMPLIANCE DATE
CASE NO. 5:10-CV-03977 JF