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Weinstein v. Metlife

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 18, 2008

NEIL WEINSTEIN, INDIVIDUALLY, AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
METLIFE, INC., METROPOLITAN LIFE INSURANCE COMPANY, AND METLIFE SECURITIES, INC., DEFENDANT.

The opinion of the court was delivered by: The Honorable Susan Illston

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON CLASS CERTIFICATION MOTION

WHEREAS, by Order dated February 4, 2008, the Court set the motion for class certification for hearing on July 25, 2008; and

WHEREAS, the parties are continuing to work diligently in negotiating a global settlement agreement; and

WHEREAS, the parties' efforts have now expanded to include multiple conversations and correspondence with counsel in Reeder et al. v. Metropolitan Life Ins. Co., Case No. C07-00538 SI, with the goal of also settling that action simultaneously as part of a settlement in this action; and

WHEREAS, the parties' efforts have also expanded to include additional groups of individuals who allege to have claims against MetLife, in an effort to also resolve those claims without the need for additional litigation or further amendments to this action; and

WHEREAS, although the parties will continue to attempt to reach an agreement by themselves, as a safeguard the parties are scheduling a private mediation session with an experienced private mediator who has provided dates during the last two weeks of August 2008.

NOW, THEREFORE, the parties, by and through their counsel of record, hereby stipulate, and jointly move the Court to continue the hearing on Plaintiff's Motion for Class Certification to November 28, 2008, or as soon thereafter as the Court's calendar permits. The parties also hereby stipulate and jointly move the Court for the following briefing schedule:

* If a settlement is not reached, moving papers shall be due on September 30, 2008;

* Opposition papers shall be due on October 30, 2008;

* Reply papers shall be due November 14, 2008.

* A hearing on the motion shall take place on November 28, 2008.

IT IS SO ORDERED.

20080618

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