Rowell v. Aviza Technology Health and Welfare Plan et al

Filing 51

STIPULATION TO CONTINUE RULE 52 MOTION BRIEFING AND HEARING; ORDER, re 50 Stipulation filed by Hartford Life and Accident Insurance Company, Aviza Technology Health and Welfare Plan. 12/12/2011 Motion continued to 2/13/2012 at 09:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Signed by Judge Paul S. Grewal on 11/7/2011. (ofr, COURT STAFF) (Filed on 11/7/2011)

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Attorneys for Defendants
Hartford Life and Accident Insurance Company
and Aviza Technology Health and Welfare Plan

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rewal
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Judge P

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ERED
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IT IS S DIFIED.
AS MO

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BURKE, WILLIAMS & SORENSEN, LLP
Michael B. Bernacchi (SBN 163657)
[e-mail]
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]

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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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MARK ROWELL,

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Plaintiff,

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v.

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AVIZA TECHNOLOGY HEALTH
AND WELFARE PLAN and
HARTFORD LIFE AND
ACCIDENT INSURANCE
COMPANY,

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Case No. 5:10-CV-05656-PSG
STIPULATION TO CONTINUE
RULE 52 MOTION BRIEFING AND
HEARING; [PROPOSED] ORDER

Hon. Paul S. Grewal

Defendants.

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Plaintiff, Mark Rowell, and Defendants, Aviza Technology Health and

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Welfare Plan and Hartford Life and Accident Insurance Company (“Hartford”), by

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and through their respective attorneys of record, stipulate to the following:
WHEREAS, the Court heard a motion to compel discovery responses on

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October 18, 2011;
WHEREAS, the Court issued its ruling on the discovery motion on October

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31, 2011. In that discovery order, the Court ruled that Hartford is to produce

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certain information by November 18, 2011;

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4843-0760-8845 v1

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STIPULATION TO CONTINUE RULE 52
MOTION BRIEFING AND HEARING;
[PROPOSED] ORDER

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WHEREAS, Hartford’s home office has apparently been closed this week

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due to weather conditions and outside counsel has not been able to have a

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meaningful discussion about the discovery order with his client, including as to

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whether it can even comply with the Court’s order by November 18, 2011;

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WHEREAS, the parties currently have opening briefs due on November 7,

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2011, opposition briefs due on November 21, 2011, and a hearing on the

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administrative record on December 12, 2011;

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WHEREAS, the parties believe they will need additional time to respond to
the Court’s order regarding discovery before filing their briefs in this matter and

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that Plaintiff’s counsel will be out of the country from December 19, 2011 through

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December 31, 2011;

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WHEREFORE, the parties hereby stipulate and respectfully request an order

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from the Court continuing the Rule 52 Motion briefing schedule and hearing as

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follows:

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Cross Opening Briefs on Rule 52 Motion:

January 10, 2012

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Cross Opposition Briefs on Rule 52 Motion: January 24, 2012

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Hearing on Rule 52 Motion:

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IT IS SO STIPULATED.

February 7, 2012 at 9:30 a.m.

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Dated: November 3, 2011

The Law Office of Steven M. Chabre

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By: /s/ Steven M. Chabre
Steven M. Chabre
[e-mail]
Attorneys for Plaintiff Mark Rowell

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///

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4843-0760-8845 v1

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STIPULATION TO CONTINUE RULE 52
MOTION BRIEFING AND HEARING;
[PROPOSED] ORDER

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Dated: November 3, 2011

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Burke, Williams & Sorensen, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
[e-mail]
Attorneys for Defendants
Hartford Life and Accident Insurance
Company and Aviza Technology Health
and Welfare Plan

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ORDER

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Upon consideration of the parties’ stipulation, IT IS HEREBY ORDERED

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that the Rule 52 Motion briefing schedule and hearing dates are continued as

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follows:

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Cross Opening Briefs on Rule 52 Motion:

January 10, 2012

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Cross Opposition Briefs on Rule 52 Motion: January 24, 2012

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Hearing on Rule 52 Motion:

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IT IS SO ORDERED.

February

, 2012 at 9: 0 a.m.

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Dated:
Hon. Paul S. Grewal
United States Magistrate Judge

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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

LA #4843-0760-8845 v1

-3-

STIPULATION TO CONTINUE RULE 52
MOTION BRIEFING AND HEARING;
[PROPOSED] ORDER