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Dias v. Nationwide Life Insurance Co.

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


February 11, 2010

MELVIN DIAS AND EVELYN DIAS, PLAINTIFFS,
v.
NATIONWIDE LIFE INSURANCE COMPANY, AN OHIO CORPORATION, AND DOES 1 THROUGH 10, DEFENDANTS.

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

ORDER RESETTING HEARING TO MARCH 1, 2010

Currently pending before this Court is Defendant's motion for summary judgment. The matter is set to be heard on February 16, 2010. The court has determined that it is necessary to reschedule the hearing on this matter. The Court will reset the hearing to March 1, 2010 at 1:30 p.m.

Additionally, Defendant in reply states that a portion of Dias's opposition declaration is a "sham." Specifically, that Dias's deposition testimony that Dias believed that Harvey Stein was the Nationwide agent contradicts Dias's declaration (Dias declares that he believed Pena was the Nationwide agent). The Court will give Plaintiff an opportunity to reply to Defendants' objection.

Accordingly, IT IS HEREBY ORDERED that:

1. The February 16, 2010, hearing is VACATED;

2. Plaintiff shall respond in writing to the objection that a portion of Dias's declaration is a sham on or by February 18, 2010;*fn1

3. Defendant may file a response to Plaintiff's additional briefing on or by 3:00 p.m. on February 23, 2010; and

4. The hearing on Defendant's motion for summary judgment is RESET to March 1, 2010.

IT IS SO ORDERED.


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