Luis v. Metropolitan Life Insurance Company

Filing 24

ORDER GRANTING STIPULATION OF THE PARTIES TO CONTINUE the August 7, 2015 Settlement Conference to October 29, 2015 09:30 AM in Courtroom 7, 4th Floor, San Jose 23 . Signed by Judge Nathanael Cousins on 7/23/2015. (lmh, COURT STAFF) (Filed on 7/23/2015)

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Royal F. Oakes (SBN 080480)
[e-mail]
James C. Castle (SBN 235551)
[e-mail]
HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
Los Angeles, CA 90071-2043
Telephone: [phone]
Facsimile: 213-614-7399

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Attorneys for Defendant
METROPOLITAN LIFE INSURANCE
COMPANY dba METLIFE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 5:14-cv-04436-EJD

CELIA STAUTY LUIS,
Plaintiff,
vs.
METROPOLITAN LIFE INSURANCE
COMPANY dba METLIFE; and DOES 1
to 50, inclusive,

STIPULATION OF THE PARTIES
TO CONTINUE THE AUGUST 7,
2015 SETTLEMENT
CONFERENCE TO OCTOBER 29,
2015; ORDER
Complaint Filed: August 22, 2014

Defendants.

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36078426v1 0964194

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Plaintiff Celia Stauty Luis ("Plaintiff") and Defendant Metropolitan Life

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Insurance Company ("MetLife") hereby stipulate to continue the Settlement

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Conference presently set before the United States Magistrate Judge Nathan Cousins

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from August 7, 2015 to October 29, 2015.

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Good cause exists for the continuance as MetLife has filed a Motion for

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Judgment on the Pleadings. It is set for hearing before the Honorable Edward

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Davilla on October 8, 2015. The parties jointly believe that resolution of MetLife's

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motion should occur prior to the settlement conference to provide the greatest

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opportunity for success as the settlement conference. Until motion is heard, the

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parties will continue to have very differing views of the viability of the Complaint,

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which may inhibit productive settlement discussions. Of course, there is also a

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possibility that MetLife's motion will moot the need to hold the settlement

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conference if MetLife prevails.

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MetLife had hoped to set the hearing on its motion prior to the August 7,

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2015 settlement conference, however, Judge Davilla's clerk advised that the first

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available hearing date for the motion was October 8, 2015. Thus, the length of the

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current request for a continuance was necessitated by Judge Davilla's hearing

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schedule.

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The parties checked with Judge Cousin's clerk, Lili Harrell, who confirmed

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that October 29, 2015 at 9:30 a.m. was an available time for the rescheduled

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conference.

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DATED: July 22, 2015

NOLAND, HAMERLY, ETIENNE &
HOSS

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By: /s/ Michael Masuda
Michael Masuda
Attorneys for Plaintiff
CELIA STAUTY LUIS

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36078426v1 0964194

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DATED: July 22, 2015

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HINSHAW & CULBERTSON LLP
By: /s/ James C. Castle
Royal F. Oakes
James C. Castle
Attorneys for Defendant
METROPOLITAN LIFE INSURANCE
COMPANY dba METLIFE

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ORDER

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Having reviewed the parties' stipulation and good cause appearing, the

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August 7, 2015 Settlement Conference is continued to October 29, 2015 at 9:30 a.m.

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Settlement Conference Statements due by October 22, 2015.

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Dated:

July 23, 2015
The Honorable Nathan Cousins
United States Magistrate Judge

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36078426v1 0964194