Minshall v. Network Appliance, Inc. et al

Filing 25

ORDER Continuing Motion Hearing. Motion Hearing set for 3/15/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Lucy H. Koh on 11/4/2011. (lhklc1, COURT STAFF) (Filed on 11/4/2011)

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CHARLES B. PERKINS #126942
FLYNN, ROSE & PERKINS
59 North Santa Cruz Avenue, Suite Q
Los Gatos, California 95030
[phone] voice
[phone] facsimile
Email: [e-mail]
Attorney for Plaintiff
CONRAD MINSHALL
ANDREW ALTSCHUL (SBN 226008)
BUCHANAN ANGELI ALTSCHUL & SULLIVAN LLP
321 SW Fourth Avenue, Suite 600
Portland, OR 97204
Email: [e-mail]
Telephone: [phone]
Facsimile: 971-230-0337
Attorneys for Defendants
NETWORK APPLIANCE, INC. EMPLOYEE
BENEFIT PLAN and STANDARD INSURANCE
COMPANY

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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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CONRAD MINSHALL,

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Plaintiff,
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vs.
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NETWORK APPLIANCE, INC. EMPLOYEE )
BENEFIT PLAN, and STANDARD
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INSURANCE COMPANY,
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Defendants.
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Case No. CV10-4745 LHK
STIPULATION AND ORDER CONTINUING
BENCH TRIAL AND BRIEFING SCHEDULE
AS MODIFIED BY THE COURT
TRIAL DATE: January 12, 2012
DEPT: Courtroom 8, 4th Floor
4, 5TH Floor
JUDGE: Honorable Lucy H. Koh

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WHEREAS, the Court set Motions for Adjudication to be heard in this matter January
12, 2012, with Opening Briefs due November 23, 2011;
Page 1
STIPULATION AND ORDER CONTINUING
MOTIONS FOR ADJUDICATION AND BRIEFING SCHEDULE

Case No. 10-CV-4745 LHK

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WHEREAS, the Plaintiff is scheduled for hip replacement surgery during the briefing

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schedule for the Motions for Adjudication and so will be unavailable to consult with counsel

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during part of the briefing schedule and otherwise assist his counsel;

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WHEREAS, counsel for Plaintiff has just recently had a recurrence of a medical

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condition which has and will cause a loss of time and ability to focus in the short term, and

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which causes a need for Plaintiff’s counsel to reduce his workload for the next few months;

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WHEREAS, Defendants are not prejudiced by a continuance; and

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WHEREAS, no continuations have previously been requested in this case;

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THEREFORE, the parties, by their attorneys of record, hereby stipulate that the

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Motions for Adjudication hearing, currently scheduled for January 12, 2012, be continued until

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on or about March 15, 2012, with the briefing schedule similarly continued.

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IT IS SO STIPULATED.

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FILER’S ATTESTATION:

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Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under

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penalty of perjury that the concurrence in the filing of this document has been obtained

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from its signatories.
Dated: November 4, 2011

BY:

DATE: November 4, 2011

CHARLES B. PERKINS
FLYNN, ROSE & PERKINS

/s/ Charles B. Perkins

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By /s/ Charles B. Perkins
CHARLES B. PERKINS

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Attorney for Plaintiff
CONRAD MINSHALL

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DATE: November 4, 2011

BUCHANAN ANGELI ALTSCHUL
& SULLIVAN LLP
By /s/ Andrew Altschul
Andrew Altschul
Attorneys for Defendants
NETWORK APPLIANCE, INC EMPLOYEE BENEFIT
PLAN and STANDARD INSURANCE COMPANY

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Page 2
STIPULATION AND ORDER CONTINUING
MOTIONS FOR ADJUDICATION AND BRIEFING SCHEDULE

Case No. 10-CV-4745 LHK

ORDER

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Having considered the Stipulation of the parties, it is hereby ordered that the hearing for

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Motions for Adjudication in this matter, currently scheduled for January 12, 2012, is hereby

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continued to March 15, 2012, at 1:30 p.m, to last approximately 2 hours.

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Although the Civil Local Rules have changed such that the briefing schedule is

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calculated from the filing of the opening brief instead of the hearing date, see Civil L.R. 7-

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2, in light of Plaintiff’s and Plaintiff’s counsel’s medical conditions, the Court sets the

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following briefing schedule:

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Opening briefs due February 9, 2012.

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Opposition briefs due February 23, 2012.

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Reply briefs due March 1, 2012.

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IT IS SO ORDERED.

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DATE: November 4, 2011

_______________________________
THE HONORABLE LUCY H. KOH
U.S. District Court Judge

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STIPULATION AND ORDER CONTINUING
MOTIONS FOR ADJUDICATION AND BRIEFING SCHEDULE

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Case No. 10-CV-4745 LHK