Naser v. Metropolitan Life Insurance Company et al

Filing 43

STIPULATION AND ORDER AS MODIFIED BY THE COURT AS TO 12 Joint Stipulation and (Proposed) Order to Dismiss Defendant Nam Patel with Prejudice and to Consolidate this Action. This case is hereby consolidated with Case Number 5:10-CV-04475-EJD, such that 5:10-cv-4475 EJD is the lead case. The Clerk shall administratively close 5:11-cv-04046 EJD. On or before December 20, 2011, Plaintiff shall file an Amended Complaint in light of the consolidation. Defendants shall file an answer or otherwise respond no later than 21 days from the filing of the Amended Complaint. The court will imminently issue a separate order addressing further scheduling issues. Signed by Judge Edward J. Davila on 12/6/2011. (ejdlc1, COURT STAFF) (Filed on 12/6/2011)

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LOAY S. NASER,
Plaintiff,

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D IS T IC T
R

OF

R NIA

C

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SAN JOSE DIVISION

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NORTHERN DISTRICT OF CALIFORNIA

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a

UNITED STATES DISTRICT COURT

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ER

J . D av i l

Attorneys for Defendants
METROPOLITAN LIFE INSURANCE
COMPANY, METLIFE ENTERPRISE GENERAL
INSURANCE AGENCY, INC., METLIFE
SECURITIES, INC. and NAM PATEL

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d w a rd
J u d ge E

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NO

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ERED
O ORD D
IT IS S
DIFIE
AS MO

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S DISTRICT
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C
TA

LI

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RACHEL B. COWEN (SB# 6217360) (pro hac)
[e-mail]
ETHAN G. ZELIZER (SB# 6280096) (pro hac)
[e-mail]
DLA PIPER LLP (US)
203 N. LaSalle St. 18th FL
Chicago, IL 60601
Telephone: [phone]
Facsimile: [phone]
LISA PLANK
[e-mail]
DLA PIPER LLP (US)
2000 University Ave.
East Palo Alto, CA 94303-2214
Telephone: [phone]
Facsimile: [phone]

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RT
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Filed in CAND on 09/09/2011

UNIT
ED

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Document 12

A

Case 5-11-cv-04046-EJD

vs.
METROPOLITAN LIFE INSURANCE
COMPANY, METLIFE ENTERPRISE
GENERAL INSURANCE AGENCY, INC.
METLIFE SECURITIES, INC., NAM
PATEL, an individual, and DOES 1-25

5:10-cv-04475 EJD
CASE NO. 5:11-CV-04046-PSG
EJD
JOINT STIPULATION AND [PROPOSED]
ORDER TO DISMISS DEFENDANT NAM
PATEL WITH PREJUDICE AND TO
CONSOLIDATE THIS ACTION WITH CASE
NUMBER 5:10-CV-04475-EJD AND FOR
MISCELLANEOUS RELIEF

Defendants.

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CASE NO. 5:11-CV-04046-PSG

JOINT STIPULATION AND
[PROPOSED] ORDER

Case 5-11-cv-04046-EJD

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Document 12

Filed in CAND on 09/09/2011

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Joint Stipulation and [Proposed] Order to Dismiss Defendant Nam Patel
With Prejudice and to Consolidate this Action With
Case Number 5:10-CV-04475-EJD and for Miscellaneous Relief

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The Parties -- Plaintiff Loay S. Naser (“Naser”) and Defendants Metropolitan Life

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Insurance Company (“MetLife”), MetLife Securities, Inc., MetLife Enterprise General Insurance,

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and Nam Patel (“Patel”) -- by and through their counsel of record, hereby stipulate as follows:

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WHEREAS:

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a.

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order to efficiently resolve various procedural and substantive issues that have arisen due to

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having two concurrent federal lawsuits proceeding before this Court involving the same parties

The Parties have held several meet and confer conferences within the past few weeks in

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and attorneys.

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b.

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of the controversies between the parties and avoid unnecessary and potentially duplicative

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actions, thus saving Court and Party resources and time.

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NOW, THEREFORE:

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1.

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each party bearing its own costs and fees. Defendants hereby withdraw their Motion to Dismiss

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Nam Patel (Docket #9).

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2.

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Number 5:10-CV-04475-EJD, presently pending before Judge Edward J. Davila. Case Number

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5:10-CV-04475-EJD has been pending since 2010, is between the same parties, and is based on

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some of the same operable facts, although this case involves several additional operable facts and

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legal claims.

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3.

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Conference currently set for September 13, 2011, at 02:00 PM, in Courtroom 5. The Case

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Management Conference will be unnecessary if the instant case is consolidated with Case

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Number 5:10-CV-00475-EJD and the consolidated action is transferred to Judge Edward J.

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Davila.

The Parties agree that the following requested relief will result in the efficient adjudication

The Parties stipulate to the dismissal of Nam Patel from this lawsuit with prejudice, with

The Parties further stipulate to and request that this action be consolidated with Case

The Parties finally stipulate to and request that this Court cancel its Case Management

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CASE NO. 5:11-CV-04046-PSG

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JOINT STIPULATION AND
[PROPOSED] ORDER

Case 5-11-cv-04046-EJD

Document 12

Filed in CAND on 09/09/2011

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September 8, 2011

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/s/ ETHAN G. ZELIZER______________
RACHEL B. COWEN (SB# 6217360) (pro
hac)
[e-mail]
ETHAN G. ZELIZER (SB# 6280096) (pro
hac)
[e-mail]
DLA PIPER LLP (US)
203 N. LaSalle St. 18th FL
Chicago, IL 60601
Telephone: [phone]
Facsimile: [phone]

/s/ RICHARD B. GLICKMAN_________

LISA PLANK
[e-mail]
DLA PIPER LLP (US)
2000 University Ave.
East Palo Alto, CA 94303-2214
Telephone: [phone]
Facsimile: [phone]

and

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Barbara Giuffre
WORK/ENVIRONMENT LAW GROUP
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415/434-0513
Email: [e-mail]

Attorneys for Defendants,
METROPOLITAN LIFE INSURANCE
COMPANY, METLIFE ENTERPRISE
GENERAL
INSURANCE AGENCY, INC., METLIFE
SECURITIES, INC. and NAM PATEL

Attorneys for Plaintiff, LOAY NASER

[PROPOSED] ORDER

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

Upon the Parties’ Joint Stipulation above and good cause appearing, it is
HEREBY ORDERED THAT:
(1)

Defendant Nam Patel is dismissed from this lawsuit with prejudice, with each

party bearing its own costs and fees. The clerk shall terminate Docket Item No. 9.
(2)

This case is hereby consolidated with Case Number 5:10-CV-04475-EJD, pending

before Judge Edward J. Davila.such that 5:10-cv-4475 EJD is the lead case.
Since the later action is subsumed by the earlier, the Clerk shall administratively close
(3)
The Court’s or before December 20, 2011, Plaintiff shall file an Amended
5:11-cv-04046 EJD. On Case Management Conference, currently set for September 13, 2011,
Complaint in light of the 5, is stricken.
at 02:00 PM, in Courtroomconsolidation. Defendants shall file an answer or otherwise
respond no later than 21 days from the filing of the Amended Complaint. The court will
imminently issue a separate order addressing further scheduling issues. A copy of this
Dated: _________________ be filed in both cases.
Stipulation and Order shall
_______________________________________________
The Preliminary Pretrial
MAGISTRATE JUDGE PAUL SINGH GREWAL
Conference scheduled for
EDWARD J. DAVILA
12/9/2011 is VACATED.
United States District Judge
CASE NO. 5:11-CV-04046-PSG

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JOINT STIPULATION AND
[PROPOSED] ORDER