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Vela v. AT&T Umbrella Benefit Plan No. 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 18, 2009

LOUIS J. VELA, PLAINTIFF,
v.
AT&T UMBRELLA BENEFIT PLAN NO. 1 DEFENDANT.

The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING CASE DEADLINES Complaint filed: March 21, 2008 First Amended Complaint Filed: May 14, 2008

WHEREAS, on July 18, 2008, the Court ordered that LOUIS J. VELA ("Plaintiff") Plaintiff file and serve his Cross-Motion for Summary Judgment of the issues in this ERISA action by February 20, 2009, with Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1's, (hereinafter "Defendant") Cross-Motion for Summary Judgment and opposition brief, Plaintiff's opposition brief, and the parties' reply briefs to follow;

WHEREAS, the parties have not previously sought to continue or extend any of the deadlines in this ERISA action related to the filing of the parties' Cross-Motions for Summary Judgment;

WHEREAS, the parties agree that, due the voluminous record in this ERISA action, and to facilitate efficient and expeditious scheduling of the multiple briefs for the Court and parties, the current filing deadline should be modified to provide sufficient time for the parties to prepare their respective Cross-Motions for Summary Judgment, opposition and reply briefs.

NOW, THEREFORE,

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, by and through their respective undersigned attorneys of record, to continue the date set by the Court for hearing on the parties' Cross-Motions for Summary Judgment as well as all associated deadlines, including the applicable deadlines for the filing of the parties' opposition and reply briefs, and the date scheduled for the next Case Management Conference to be set by the Court:

February 20, 2009 Last day for Plaintiff to file and serve Cross-Motion for Summary Judgment. March 20, 2009 Last day for Defendant to file and serve Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment.

Good cause exists for this continuance of the existing deadline for filing the parties' Motions for Summary Judgment, and all associated deadlines, as set forth above.

IT IS SO STIPULATED.

ORDER

Having reviewed the Stipulation executed by Plaintiff LOUIS J. VELA and Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1, and good cause appearing, the Court hereby orders that the July 18, 2008 hearing on the parties' Cross-Motions for Summary Judgment and associated dates, as well as the scheduled Case Management Conference, are VACATED, and are rescheduled pursuant to the schedule set forth below.

___________, 2009 Last day for Plaintiff to file and serve Cross-Motion for Summary Judgment. ___________, 2009 Last day for Defendant to file and serve Cross- Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion for Summary Judgment. ___________, 2009 Last day for Plaintiff to file and serve opposition to Defendant's Cross-Motion for Summary Judgment, and reply in support of Plaintiff's Cross-Motion for Summary Judgment. Last day for Defendant to file and serve reply in support of Defendant's Cross-Motion for Summary Judgment. ___________, 2009 ___________, 2009 10:30 a.m. Hearing on the parties' Motions for Summary Judgment. ___________, 2009 10:30 a.m. Case Management Conference.

IT IS SO ORDERED.

20090218

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