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Waissman v. Life Insurance Company of North America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 2, 2010

DALIT WAISSMAN, PLAINTIFF,
v.
LIFE INSURANCE COMPANY OF NORTH AMERICA, SAP AMERICA, INC., LONG TERM DISABILITY INCOME PLAN, AND SAP AMERICA, INC. LIFE INSURANCE PLAN. DEFENDANTS.

The opinion of the court was delivered by: Judge Jeremy Fogel

STIPULATION RE: BRIEFING SCHEDULE FOR MOTION FOR AN AWARD OF ATTORNEY'S FEES AND COSTS, AND PROPOSED ORDER

WHEREAS, the Court's Findings of Fact and Conclusion of Law in this matter was filed on January 20, 2010;

WHEREAS, the Court's Findings of Fact and Conclusions of Law directs counsel to meet and confer as to the proper form of judgment and a briefing schedule for a Motion for an Award of Attorney's Fees and Costs;

WHEREAS, counsel are discussing the proper form of judgment and have agreed to discuss whether the claim for attorney's fees and costs can be resolved by stipulation;

NOW, THEREFORE, the parties, by and through their counsel of record, hereby agree and stipulate that Plaintiff's motion for an award of attorney's fees and costs shall be timely if filed within 30 days of entry of judgment, and that the filing of the Findings of Fact and Conclusions of Law on January 20, 2010 does not trigger the deadline for Plaintiff to bring a motion for attorney's fees and costs.

IT IS SO STIPULATED.

DATE: January 29, 2010 FLYNN, ROSE & PERKINS CHARLES B. PERKINS Attorney for Plaintiff Dalit Waissman

DATE: January 29, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP SEAN P. NALTY Attorney for Defendant Life Ins. Company of N. America

ORDER

Having considered the stipulation of the parties and good cause appearing,

IT IS HEREBY ORDERED that Plaintiff's Motion for Attorney's Fees and Costs shall be timely if made within 30 days of entry of judgment, and that the filing of the Findings of Fact and Conclusions of Law on January 20, 2010 does not trigger the deadline for Plaintiff to make a motion for attorney's fees and costs.

IT IS SO ORDERED.

20100202

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