NCO Financial Systems, Inc. v. Mason

Filing 11

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 10 . Case Management Conference set for 4/22/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 4/12/11. (dlm, COURT STAFF) (Filed on 4/12/2011)

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THE PRUNEYARD TOWER I
1901 S. BASCOM AVENUE, SUITE 350
CAMPBELL, CA 95008
TELEPHONE [phone]
FACSIMILE [phone]

Pratt & Associates

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Sharon Glenn Pratt (SBN 121947)
Patricia A. Wendleton (SBN 138311)
PRATT & ASSOCIATES
The Pruneyard Tower I
1901 S. Bascom Avenue, Suite 350
Campbell, CA 95008
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and
Cross-Complainant
DAN JOSEPH MASON
Adrienne C. Publicover (SBN 161432)
Donald P. Sullivan (SBN 191080)
Wilson, Elser, Moskowitz, Edelman & Dicker LLP
525 Market Street
17th Floor
San Francisco, CA 94105
Telephone [phone]
Facsimile [phone]

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Attorneys for Cross-Defendant,
Connecticut General Life Insurance Company

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Rodney W. Simmons (SBN 227491)
10824 Olson Drive
C126
Rancho Cordova, CA 95670
[phone]

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Attorney for NCO Financial Systems, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NCO FINANCIAL SYSTEMS, INC.,

CASE NO.: 11-cv-152 JF

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Plaintiff,
STIPULATED REQUEST AND
------------------- ORDER CONTINUING
[PROPOSED]
THE CASE MANAGEMENT
CONFERENCE BY ONE WEEK

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v.
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DAN JOSEPH MASON and ROES 1 through
15, inclusive,

Date:
Time:
Place:
Judge:

Defendant.

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April 15, 2011
10:30 a.m.
Courtroom 3
The Hon. Jeremy Fogel

-1Stip. and [Prop] Order to Continue Case Management Conf.
Case No. 11-cv-00152 JF

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DAN JOSEPH MASON,
Cross-Complainant,

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v.

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CONNECTICUT GENERAL LIFE
INSURANCE CO. and ROES 1 through 15,

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Cross-Defendant.

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RECITALS
WHEREAS, Cross-Complainant Dan Joseph Mason (“Mason”) filed this action against

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THE PRUNEYARD TOWER I
1901 S. BASCOM AVENUE, SUITE 350
CAMPBELL, CA 95008
TELEPHONE [phone]
FACSIMILE [phone]

Pratt & Associates

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Cross-Defendant Connecticut General Life Insurance Company (“CGLIC”) in the Superior Court of

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the State of California, County of Santa Clara, on or about December 14, 2010, seeking the

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payment of additional medical benefits from his employer-sponsored medical plan, the Tyco

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Electronics Medical Plan (“Tyco Plan”), to cover two days of a three-day hospital stay;

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WHEREAS, CGLIC removed the case to this Court on January 11, 2011;

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WHEREAS, the case was originally assigned to the Honorable Howard R. Lloyd;

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WHEREAS, the case was re-assigned to the Honorable Jeremy Fogel on January 28, 2011;

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WHEREAS, on February 15, 2011, Judge Fogel set a Case Management Conference in this

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case for April 15, 2011 at 10:30 a.m.;
WHEREAS, the parties have meet and conferred pursuant to the Rules of this Court and

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have prepared a draft Joint Case Management Conference Statement;

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WHEREAS, Mason and CGLIC are in settlement negotiations;

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WHEREAS, CGLIC is still in the process of determining certain facts that will impact

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Mason’s jurisdictional and preemption arguments; and
WHEREAS, the conclusion of CGLIC’s investigation may hasten settlement negotiations

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and bring this matter to resolution before the Case Management Conference.

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///
-2Stip. and [Prop] Order to Continue Case Management Conf.
Case No. 11-cv-00152 JF

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STIPULATION

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IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel of record, that, if the Court’s calendar allows it, the Case Management Conference in this

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matter shall be continued by one week from Friday, April 15 to Friday April 22, 2011 at 10:30 a.m.

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The parties shall file their Joint Case Management Statement on or before Friday, April 15, 2011.

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Dated: April 7, 2011

PRATT & ASSOCIATES

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By /S/ Patricia A. Wendleton
PATRICIA A. WENDLETON
Attorneys for Defendant and
Cross-Complainant
DAN JOSEPH MASON

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THE PRUNEYARD TOWER I
1901 S. BASCOM AVENUE, SUITE 350
CAMPBELL, CA 95008
TELEPHONE [phone]
FACSIMILE [phone]

Pratt & Associates

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Dated April 8, 2011

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WILSON, ELSER, MOSKOVITZ, EDELMAN &
DICKER, LLP

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By /S/ Donald P. Sullivan
DONALD P. SULLIVAN
Attorney for Cross-Defendant
CONNECTICUT GENERAL LIFE
INSURANCE COMPANY

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Dated: April 8, 2011

RODNEY WILBUR SIMMONS

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By /S/ Rodney Wilbur Simmons
RODNEY WILBUR SIMMONS
Attorney for NCO Financial Systems, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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4/12/11
Date:_____________

__________________________________________
The Hon. Jeremy Fogel
United States District Judge

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-3Stip. and [Prop] Order to Continue Case Management Conf.
Case No. 11-cv-00152 JF