The opinion of the court was delivered by: Judge: Hon. Susan Illston
JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER Date: September 15, 2009 Time: 11:00 A.M..
Pursuant to this Court's July 31, 2009 Minute Order, Plaintiffs Michelle Alves, Donald Myers, and Daniel Caballero ("Plaintiffs") and Defendant Metropolitan Life Insurance Company ("Defendant") (together, the "Parties") jointly submit this Case Management Statement and Proposed Order and respectfully request that the Court take the current case management conference, set for September 15, 2009, off calendar.
As this court is aware, on June 5, 2007, a stipulated stay of this matter was entered pending resolution of the related matter of Weinstein, et. al. v. Metropolitan Life Insurance Co., et. al., Case No. 06-cv-04444 (SI) (the "Weinstein Action"). Specifically, the stipulation provided that "Reeder Action should be stayed throughout the pendency of the Weinstein Action and such stay should be lifted only after the Weinstein Action is dismissed, or otherwise fully adjudicated .
. . ." Reeder Docket Entry #58 (emphasis added).
On July 31, 2009, this Court entered a Final Approval Order and Judgment Approving Settlement ("Final Approval Order") in the Weinstein Action. Weinstein Docket Entry # 220.
That Final Approval Order became effective on August 31, 2009. Two of the original named 5 plaintiffs in this action -- Kim Reeder and Elmo Cash -- participated in the Weinstein settlement 6 and by operation of the Final Approval Order, have released all of their claims against MetLife.
The remaining three original named plaintiffs -- Michele Alves, Donald Myers, and Daniel Caballero -- each opted out of the Weinstein settlement. See Weinstein Docket Entry # 220.
Since opting-out, and following the Court's July 31, 2009 Minute Order, the parties have finalized and agreed to the terms of a settlement agreement (which includes a confidentiality clause). A Stipulation of Dismissal With Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), seeking the Court's approval to dismiss this action, will be filed by no later than October 20, 2009. In light of this, the parties respectfully request that the Court continue the current case management conference, set for September 15, 2009, to November 3, 2009 at 11:00 a.m. or a date 15 convenient to the Court.
DATED: September 8, 2009 SCOTT COLE & ASSOCIATES, APC (With Permission) MATTHEW BAINER
Attorneys for Michele Alves, Donald Myers, and Daniel Caballero
DATED: September 8, 2009 MORGAN, LEWIS & BOCKIUS, LLP 21 M. MICHAEL COLE Attorneys for Defendant Metropolitan Life Insurance Company
The current case management conference, set for September 15, 2009, is continued to 3:00 November 3, 2009 at 11:00 a.m. ...