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)

Download PDF
1 2 3 4 5 6 RACHEL B. COWEN (SBN 6217360) (Pro Hac Vice) rachel.cowen@dlapiper.com DLA PIPER LLP (US) 203 North LaSalle Street, Suite 1900 Chicago, IL 60601 Tel: (312) 368-7044 Fax: (312) 251-5844 Attorney for Defendants METROPOLITAN LIFE INSURANCE COMPANY, METLIFE ENTERPRISE GENERAL INSURANCE AGENCY, INC., and METLIFE SECURITIES 7 8 9 10 RICHARD B. GLICKMAN (Bar No. CA 47898) glickmanlawcorp@yahoo.com RICHARD B. GLICKMAN A PROFESSIONAL CORP. One Maritime Plaza, Suite 1600 San Francisco, CA 94111 Tel: (415) 362-7685 Fax: (415) 781-1034 11 12 Attorney for Plaintiff LOAY S. NASER 13 14 UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 LOAY S. NASER, 19 20 21 22 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 23 Defendants. 24 25 26 Plaintiff LOAY S. NASER (“Plaintiff”) and Defendants METROPOLITAN LIFE 27 INSURANCE COMPANY, METLIFE ENTERPRISE GENERAL INSURANCE AGENCY, 28 INC., AND METLIFE SECURITIES (collectively “Defendants”), by and through their attorneys -1- DLA P IPER LLP (US) EAST\54776709.2 STIPULATION AND PROPOSED ORDER CV 10-04475 EJD 1 2 3 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: 4 5 6 7 8 9 10 11 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 12 13 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 14 15 Counsel for the Plaintiff respectfully requests that the Court extend the pre-trial and trial 16 dates for two reasons. First, counsel for both parties have a religious conflict with the existing 17 pre-trial and trial dates. Specifically, counsel for the Plaintiff is an observant Jew and will be 18 unavailable for trial during the Passover holiday, which begins at sundown on March 25, 2013, 19 and concludes at sundown on April 2, 2013. Counsel for the Defendants, as well as Defendants’ 20 in-house counsel, are also Jewish and will be unavailable during the first two days of Passover 21 (March 25th and 27th). 22 Counsel for the Defendants does not object to counsel for Plaintiff’s request to 23 accommodate the Passover holiday. However, the court’s trial calendar and counsel for the 24 Defendants’ trial schedule is such that the Passover holiday cannot be accommodated by pushing 25 back the dates of the trial as it is currently scheduled. 26 Specifically, to avoid the Passover holiday, jury selection would need to be moved to 27 Monday, April 8, 2013. To compensate for this move, five full additional trial days would need 28 DLA P IPER LLP (US) -2EAST\54776709.2 STIPULATION AND PROPOSED ORDER CV 10-04475 EJD 1 to be added to the currently-scheduled end-date of April 18, 2013. The trial would then conclude 2 on April 30, 2013, with jury deliberations set for the week of May 6 – 10, 2013. 3 However, defense counsel has a pre-trial conference set for May 1, 2013, and trial set for 4 May 20, 2013, in another matter, Potter v. MetLife et. al., Case 11-C-51, in the Circuit Court of 5 Putnam County, West Virginia. Following that trial, Defense counsel’s schedule is such that she 6 is not available until after August 1, 2013: counsel has a pre-trial conference set for June 6, 2013, 7 and trial set for June 18, 2013, in another matter, Silk v. Heyer, et. al., Case No. 2011 L 009961, 8 in the Circuit Court of Cook County, Illinois; and will be out of the country on a pre-paid 9 vacation during the first week of July 2013. 10 11 12 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 13 trial dates because he needs time to obtain new co-counsel and give them an opportunity to 14 properly learn the case and then participate fully in all pre-trial and trial tasks. Specifically, on 15 December 19, 2012, then co-counsel for Plaintiff (i.e., Work/Environment Law Group) filed a 16 Disassociation as Counsel with this Court, which the Court approved on December 20, 2012. 17 Plaintiff has diligently sought a replacement co-counsel and has received expressions of 18 interest, but a lack of willingness to commit to become co-counsel until after the Court rules on 19 the parties’ pending motions for summary judgment (ECF Nos. 89 and 94) and Defendants’ 20 motion to strike. (ECF No. 71). The three motions are set for Hearing before the Court on March 21 1, 2013, at 9:00 a.m. Once new co-counsel for Plaintiff is retained, co-counsel will need a 22 reasonable time to prepare for trial. Counsel for the Defendants does not object to counsel for the 23 Plaintiff’s request, provided that the re-scheduled dates do not conflict with counsel’s trial 24 schedule. 25 NOW, THEREFORE, the parties jointly stipulate that they hereby request the Court to (1) 26 vacate the above-noted pre-trial and trial dates set forth in the Court’s July 3, 2012 Pre-Trial 27 Order (ECF No. 61); (2) set the start of pre-trial and trial dates to begin on or about August 1, 28 2013; and (3) set the time for (a) Exchange of Exhibits, (b) Submission of Joint Final Pre-Trial -3- DLA P IPER LLP (US) EAST\54776709.2 STIPULATION AND PROPOSED ORDER CV 10-04475 EJD 1 Conference Statements, Motions in Limine, Voir Dire Questions, Proposed Jury Instructions and 2 Proposed Jury Verdict Forms, and (c) the Final Pre-Trial Conference in accordance with the new 3 trial date. 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 Dated: January 25, 2013 7 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: (312) 368-7044 Fax: (312) 251-5844 rachel.cowen@dlapiper.com By /s/Richard Glickman RICHARD B. GLICKMAN Richard B. Glickman A Professional Corporation 1 Maritime Plaza, Suite 1600 San Francisco, CA 94111 Tel: (415) 362-7685 Fax: (415) 781-1034 Cell: (925) 368-6851 glickmanlawcorp@yahoo.com 8 9 10 11 12 13 Dated: January 25, 2013 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA P IPER LLP (US) -4EAST\54776709.2 STIPULATION AND PROPOSED ORDER CV 10-04475 EJD 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 LOAY S. NASER, CASE NO. CV-10-04475-EJD 5 Plaintiff, 6 v. 7 9 METROPOLITAN LIFE INSURANCE COMPANY, METLIFE ENTERPRISE GENERAL INSURANCE AGENCY, INC., and METLIFE SECURITIES, INC., 10 Honorable Edward J. Davila XXXXXXXX [PROPOSED] ORDER MODIFYING PRETRIAL AND TRIAL DATES AS MODIFIED BY THE COURT Defendants. 8 11 12 13 14 15 16 17 18 19 20 21 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: ___________ 22 _______________________ EDWARD J. DAVILA United States District Judge 23 24 25 26 27 28 DLA P IPER LLP (US) -5EAST\54776709.2 STIPULATION AND PROPOSED ORDER CV 10-04475 EJD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?