Hill v. Liberty Life Assurance Company of Boston

Filing 14

STIPULATED ORDER: Plaintiff shall have 30 days to file an amended complaint; pending motions are denied as moot. (In re Motion to Dismiss 4 , and Motion to Remand Case to State Court 6 .) Signed on 2/11/13 by Magistrate Judge Dennis J. Hubel. (kb)

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James L. Buchal, OSB #921618 E-mail: jbuchal@mbllp.com MURPHY & BUCHAL LLP 3425 SE Yamhill Street, Suite 100 Portland, OR 97214 Tel: 503-227-1011 Fax: 503-573-1939 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JAMES N. HILL, Plaintiff, No. 3:12-cv-02309-HU STIPULATED ORDER v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON Defendant. WHEREAS Plaintiff has filed a motion to remand, and Defendant has filed a motion to dismiss, both motions raising the question whether plaintiff’s claim must be repleaded as an ERISA claim; and WHEREAS Plaintiff has determined not to contest that question; IT IS HEREBY ORDERED THAT: 1. Plaintiff shall have thirty days from the filing of this Order to file an amended complaint; and 2. The pending motions are denied as moot. Page 1- STIPULATED ORDER 11 Dated: February _____, 2013. SO ORDERED: /s/ Dennis J. Hubel _______________________________ Hon. Dennis J. Hubel STIPULATED AND AGREED: MURPHY & BUCHAL LLP s/ James L. Buchal James L. Buchal, OSB #921618 Attorney for Plaintiff BULLIVANT HOUSER BAILEY PC s/ Katherine S. Somervell Katherine S. Somervell, OSB #955385 Attorney for Defendant Page 2- STIPULATED ORDER CERTIFICATE OF SERVICE I certify that the foregoing PLAINTIFF’S REPLY IN SUPPORT OF MOTION TO REMAND will be electronically filed with the Court’s electronic court filing system, which will generate automatic service upon all Parties enrolled to receive such notice. DATED: February 8, 2013. s/ Carole A. Caldwell Page 1 – CERTIFICATE OF SERVICE

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