STIPULATION AND [PROPOSED] ORDER RESETTING DATES FOR MOTION FOR JUDGMENT
The parties in the above-captioned matter, through their respective attorneys of record, enter into the following stipulation and request the Court to enter an order accordingly:
1. At the case management conference on June 26, 2009, the Court ordered the parties to follow the briefing schedule set forth below in this ERISA governed denial of long-term disability benefits case:
Plaintiff to file motion for judgment January 15, 2010
Defendant to file motion for judgment and opposition to plaintiff's motion February 12, 2010
Plaintiff's opposition and reply February 26, 2010
Defendant's Reply March 12, 2010
Hearing date April 2, 2010
2. On January 12, 2010, plaintiff's counsel Scott Kalkin called defense counsel Dennis Rolstad in order to inform him that he would be having surgery on his right shoulder on January 21, 2010, and to request his consent to continue the briefing schedule and hearing date in order to accommodate this medical problem. The parties thereafter agreed to continue the briefing schedule and assert that good cause for the continuance exists due to plaintiff counsel's medical problem and planned surgery.
3. In light of the foregoing, the parties hereby stipulate and request that the Court enter an order changing the briefing schedule and hearing date as set forth below. Each of the dates set by the Court are proposed to be continued for six weeks.
4. The parties further stipulate and agree that the discovery cut-off in this matter has passed, and that discovery in this matter shall remain closed.
Plaintiff to file motion for judgment February 26, 2010
Defendant to file cross-motion for judgment and opposition to plaintiff's motion March 26, 2010
Plaintiff to file opposition and reply ...