Emerson v. Aetna, Inc. et al

Filing 30

STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT AND WITHDRAWAL OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT AND CONTINUING THE CASE MANAGEMENT CONFERENCE re 28 . Case Management Conference set for 4/29/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 3/3/11. (dlm, COURT STAFF) (Filed on 3/3/2011)

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LAFAYETTE & KUMAGAI LLP SUSAN T. KUMAGAI (State Bar No. 127667) REBECCA K. KIMURA (State Bar No. 220420) 100 Spear Street, Suite 600 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants AETNA INC., AETNA HEALTH OF CALIFORNIA, INC. and BANK OF AMERICA CORPORATION RUMMONDS & MAIR JAMES S. RUMMONDS (State Bar No. 59954) LARK L. RITSON (State Bar No. 117614) 311 Bonita Drive Aptos, California 95003 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff JOHN EMERSON UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN EMERSON, Plaintiff, vs. AETNA INC., a California corporation, AETNA HEALTH OF CALIFORNIA, INC., a California corporation, BANK OF AMERICA CORPORATION dba BANK OF AMERICA CORPORATION, a Delaware corporation, dba BANK OF AMERICA, BANK OF AMERICA PERSONNEL SERVICE CENTER, and DOES 1-20, inclusive. Defendants. Case No. CV 10-04919 JF ------------------- ORDER GRANTING [PROPOSED[ PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT AND WITHDRAWAL OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

[PROPOSED[ ORDER GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT AND WITHDRAWAL OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT AND CONTINUING THE CASE MANAGEMENT CONFERENCE (Case No. CV 10-04919)

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PURSUANT TO STIPULATION, IT IS ORDERED that: 1. Plaintiff John Emerson ("Plaintiff") shall file a Second Amended Complaint on or

before Friday, March 11, 20101; 2. 3. Defendants shall file their responsive pleading by Friday, April 15, 2011; Defendants Aetna, Inc., Aetna Health of California, Inc. and Bank of America

Corporation's Motion to Dismiss the First Amended Complaint is hereby withdrawn, and the April 22, 2011 hearing date is vacated; 4. The Case Management Conference currently scheduled for March 4, 2011 at

10:30 a.m. is hereby continued to April 29, 2011 at 10:30 a.m.

3 Dated: March ____, 2011

By: _____________________________________ HON. JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE

CERTIFICATE OF SERVICE I certify that a copy of this document was served electronically on March 3, 2011 on counsel of record in compliance with Federal Rule 5, Local Rule 5.6 and General Order 45, by use of the Court's ECF system. /s/ Rebecca K. Kimura REBECCA K. KIMURA

[PROPOSED[ ORDER GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT AND WITHDRAWAL OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT AND CONTINUING THE CASE MANAGEMENT CONFERENCE (Case No. CV 10-04919)

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