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)
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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