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Mayo v. Metropolitan Life Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 2, 2009

PAMELA MAYO, PLAINTIFF,
v.
METROPOLITAN LIFE INSURANCE COMPANY AND AMERICAN STANDARD LTD PLAN, DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

JOINT APPLICATION TO EXTEND TIME AND CONTINUE TRIAL DATE; ORDER

The parties, by and through their respective counsel, hereby submit the following stipulated Application and Proposed Order to the Court.

1. The parties have not previously sought extensions of time for the actions that are the subject of this stipulation and application. Specifically, the parties seek to continue the dispositive motion, trial briefing and related dates. In its Scheduling Conference Order of June 13, 2008, the Court set the following dates: February 27, 2009 Dispositive motions due March 27, 2009 Joint pretrial statement due April 3, 2009 Pre-Trial Conference April 28, 2009 Opening trial briefs due May 7, 2009 Responsive trial briefs due May 12, 2009 Trial

2. Good cause exists for granting the requested extension. Although the parties have agreed to participate in mediation, they have had substantial difficulty in scheduling a mutually available date with an appropriate ERISA-experienced mediator. Mediation has now been scheduled for April 23, 2009 with Denise Madigan of ADR Services.

3. As this case is governed by ERISA, the parties also are in agreement that it would be in the interests of conserving the parties' and the Court's resources if the Court were to vacate the formal pretrial conference and dispense with the usual requirement of a joint pretrial statement, because trial will be to the Court on the basis of the paper record, rather than through presentation of witnesses and other evidence. The parties therefore request that the Pre-Trial Conference be waived and that there be no date set for the filing of a pretrial statement.

4. The parties request that the remainder of the pretrial dates be continued, as follows, to permit the parties time to try to resolve this dispute through mediation: June 1, 2009 Dispositive motions due to be filed July 14, 2009 Opening trial briefs due to be filed July 21, 2009 Responsive trial briefs due to be filed July 28, 2009 Trial Respectfully submitted,

DATED: February 26, 2009

ORDER

IT IS SO ORDERED.

20090302

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