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Garber v. Aetna

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 30, 2010

DAVID GARBER, PLAINTIFF,
v.
AETNA, INC., A DELAWARE CORPORATION, AETNA LIFE INSURANCE COMPANY, A DELAWARE CORPORATION, AETNA HEALTH, INC. A CONNECTICUT CORPORATION, AETNA HEALTH OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, AND DOES 1-10, INCLUSIVE, DEFENDANTS.

STIPULATION AND ORDER FURTHER EXTENDING TIME TO RESPOND TO COMPLAINT; AS MODIFIED BY THE COURT TO ALSO CONTINUE THE CASE MANAGEMENT CONFERENCE

The parties hereby stipulate as follows:

WHEREAS the parties, through their respective counsel, have been meeting and conferring about whether it is possible to settle this action;

WHEREAS, Defendants anticipate that if this action is not informally resolved, it may be appropriate to file a motion to dismiss or other motion, rather than an answer, as their initial responsive pleading;

WHEREAS Defendants' response to the Complaint filed by Plaintiff in this action is currently due May 3, 2010. The parties agree that Defendants' response is extended until Jun 2, 2010 to enable ongoing settlement discussions and gathering of information to continue for further evaluation.

WHEREAS the parties anticipate that settlement discussions will be disrupted if Respondents must prepare a responsive pleading, including a motion to dismiss, before those discussions are concluded;

THE PARTIES HEREBY STIPULATE, by and through their respective counsel, that Defendants' time to respond to Plaintiff's Complaint is extended up to and including June 2, 2010.

DATED: April 30, 2010

I, LESLIE K. CRARY, hereby attest that HUGO N. GERSTL, counsel for plaintiff, concurs in the filing of this Stipulation.

IT IS SO ORDERED.

Also, the CMC is continued to 2:00 p.m. on June 29, 2010.

20100430

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