Naser v. Metropolitan Life Insurance Company et al

Filing 110

ORDER AS MODIFIED BY THE COURT Granting 109 Stipulation Modifying Pre-Trial and Trial Dates. Signed by Hon. Edward J. Davila on 1/29/2013. (ecg, COURT STAFF) (Filed on 1/29/2013)

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RACHEL B. COWEN (SBN 6217360) (Pro Hac Vice)
[e-mail]
DLA PIPER LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, IL 60601
Tel: [phone]
Fax: [phone]
Attorney for Defendants
METROPOLITAN LIFE INSURANCE COMPANY,
METLIFE ENTERPRISE GENERAL INSURANCE
AGENCY, INC., and METLIFE SECURITIES

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RICHARD B. GLICKMAN (Bar No. CA 47898)
[e-mail]
RICHARD B. GLICKMAN A PROFESSIONAL CORP.
One Maritime Plaza, Suite 1600
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Attorney for Plaintiff
LOAY S. NASER

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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LOAY S. NASER,

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CASE NO. CV 5:10-04475 EJD

Plaintiff,
v.
METROPOLITAN LIFE INSURANCE
COMPANY, METLIFE ENTERPRISE
GENERAL INSURANCE AGENCY, INC.
AND METLIFE SECURITIES,

STIPULATION [AND XXXXXXXX
PROPOSED
ORDER] TO MODIFY PRE-TRIAL AND
TRIAL DATES

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Defendants.
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Plaintiff LOAY S. NASER (“Plaintiff”) and Defendants METROPOLITAN LIFE

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INSURANCE COMPANY, METLIFE ENTERPRISE GENERAL INSURANCE AGENCY,

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INC., AND METLIFE SECURITIES (collectively “Defendants”), by and through their attorneys
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STIPULATION AND PROPOSED ORDER
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of record, hereby stipulate as follows:
Pursuant to the Court’s July 3, 2012 Pre-Trial Order (ECF No. 61), the following dates are
set in this matter:

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EVENT
Final Pre-Trial Conference
Joint Final Pre-Trial Conference
Statements, Motions in Limine, and
Exchange of Exhibits
Voir Dire Questions, Proposed Jury
Instructions, and Proposed Jury Verdict
Forms
Jury Selection
Jury Trial

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Jury Deliberations

DATE
3/15/13 at 11:00 a.m.
3/1/13

3/5/13
3/25/13 at 9:00 a.m.
3/27/13 (full day); 4/1/13 (½ day); 4/24/4 (full days); 4/8 (½ day); 4/9 (full
day); 4/11 (full day); 4/15 (½ day); 4/164/18 (full days)
4/22 – 4/26/13

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Counsel for the Plaintiff respectfully requests that the Court extend the pre-trial and trial
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dates for two reasons. First, counsel for both parties have a religious conflict with the existing
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pre-trial and trial dates. Specifically, counsel for the Plaintiff is an observant Jew and will be
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unavailable for trial during the Passover holiday, which begins at sundown on March 25, 2013,
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and concludes at sundown on April 2, 2013. Counsel for the Defendants, as well as Defendants’
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in-house counsel, are also Jewish and will be unavailable during the first two days of Passover
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(March 25th and 27th).
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Counsel for the Defendants does not object to counsel for Plaintiff’s request to
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accommodate the Passover holiday. However, the court’s trial calendar and counsel for the
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Defendants’ trial schedule is such that the Passover holiday cannot be accommodated by pushing
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back the dates of the trial as it is currently scheduled.
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Specifically, to avoid the Passover holiday, jury selection would need to be moved to
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Monday, April 8, 2013. To compensate for this move, five full additional trial days would need
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STIPULATION AND PROPOSED ORDER
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to be added to the currently-scheduled end-date of April 18, 2013. The trial would then conclude

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on April 30, 2013, with jury deliberations set for the week of May 6 – 10, 2013.

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However, defense counsel has a pre-trial conference set for May 1, 2013, and trial set for

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May 20, 2013, in another matter, Potter v. MetLife et. al., Case 11-C-51, in the Circuit Court of

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Putnam County, West Virginia. Following that trial, Defense counsel’s schedule is such that she

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is not available until after August 1, 2013: counsel has a pre-trial conference set for June 6, 2013,

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and trial set for June 18, 2013, in another matter, Silk v. Heyer, et. al., Case No. 2011 L 009961,

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in the Circuit Court of Cook County, Illinois; and will be out of the country on a pre-paid

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vacation during the first week of July 2013.

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Both counsel are thereafter freely available except for the Jewish holidays -- i.e.,
September 4-6, 13, 18-20 and 25-27, and for the period from October 28-November 8.
Second, counsel for Plaintiff respectfully requests that the Court extend the pre-trial and

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trial dates because he needs time to obtain new co-counsel and give them an opportunity to

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properly learn the case and then participate fully in all pre-trial and trial tasks. Specifically, on

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December 19, 2012, then co-counsel for Plaintiff (i.e., Work/Environment Law Group) filed a

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Disassociation as Counsel with this Court, which the Court approved on December 20, 2012.

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Plaintiff has diligently sought a replacement co-counsel and has received expressions of

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interest, but a lack of willingness to commit to become co-counsel until after the Court rules on

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the parties’ pending motions for summary judgment (ECF Nos. 89 and 94) and Defendants’

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motion to strike. (ECF No. 71). The three motions are set for Hearing before the Court on March

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1, 2013, at 9:00 a.m. Once new co-counsel for Plaintiff is retained, co-counsel will need a

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reasonable time to prepare for trial. Counsel for the Defendants does not object to counsel for the

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Plaintiff’s request, provided that the re-scheduled dates do not conflict with counsel’s trial

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schedule.

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NOW, THEREFORE, the parties jointly stipulate that they hereby request the Court to (1)

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vacate the above-noted pre-trial and trial dates set forth in the Court’s July 3, 2012 Pre-Trial

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Order (ECF No. 61); (2) set the start of pre-trial and trial dates to begin on or about August 1,

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2013; and (3) set the time for (a) Exchange of Exhibits, (b) Submission of Joint Final Pre-Trial
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STIPULATION AND PROPOSED ORDER
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Conference Statements, Motions in Limine, Voir Dire Questions, Proposed Jury Instructions and

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Proposed Jury Verdict Forms, and (c) the Final Pre-Trial Conference in accordance with the new

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trial date.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: January 25, 2013

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DLA PIPER LLP (US)
By

/s/Rachel Cowen
RACHEL B. COWEN
DLA Piper LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, IL 60601
Tel: [phone]
Fax: [phone]
[e-mail]

By

/s/Richard Glickman
RICHARD B. GLICKMAN
Richard B. Glickman A Professional
Corporation
1 Maritime Plaza, Suite 1600
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Cell: [phone]
[e-mail]

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Dated: January 25, 2013

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DLA P IPER LLP (US)

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STIPULATION AND PROPOSED ORDER
CV 10-04475 EJD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LOAY S. NASER,

CASE NO. CV-10-04475-EJD

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Plaintiff,
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v.
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METROPOLITAN LIFE INSURANCE
COMPANY, METLIFE ENTERPRISE
GENERAL INSURANCE AGENCY,
INC., and METLIFE SECURITIES, INC.,

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Honorable Edward J. Davila
XXXXXXXX
[PROPOSED] ORDER MODIFYING PRETRIAL AND TRIAL DATES AS MODIFIED
BY THE COURT

Defendants.

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This matter is before the Court on the parties’ Stipulation to Modify Pre-Trial and Trial
Dates. Having reviewed the parties’ Stipulation, the Court hereby VACATES the dates set in the
July 3, 2012 Pre-Trial Order for (a) Exchange of Exhibits, (b) Submission of Joint Final Pre-Trial
Conference Statements, Motions in Limine, Voir Dire Questions, Proposed Jury Instructions and
Proposed Jury Verdict Forms, (c) the Final Pre-Trial Conference, and (d) Trial
The Court schedules this action for a Preliminary Pretrial Conference on March 1, 2013 at
11:00 a.m. The parties shall file a Joint Preliminary Pretrial Conference Statement on or before
February 22, 2013.
1/29/2013
Dated: ___________

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_______________________
EDWARD J. DAVILA
United States District Judge

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DLA P IPER LLP (US)

-5EAST\54776709.2

STIPULATION AND PROPOSED ORDER
CV 10-04475 EJD