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Mackey v. Aetna Life Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 16, 2010

ALICIA MACKEY, PLAINTIFF,
v.
AETNA LIFE INSURANCE COMPANY; INTEL TOTAL COMPENSATION AND BENEFIT PACKAGE; INTEL CORPORATION LONG TERM DISABILITY PLAN, DEFENDANTS.

The opinion of the court was delivered by: Honorable Charles R. Breyer United States District Court Judge

STIPULATION TO VACATE THE EXISTING CASE DEADLINES AND [PROPOSED] ORDER VACATING CASE DEADLINES

The parties to this action, Plaintiff Alicia Mackey and Defendant Intel Corporation Long Term Disability Plan (collectively "the parties"), through their respective attorneys of record, hereby stipulate and agree to the following:

1. This is an action for long term disability benefits under an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974, 29 U.S.C.

2. The Court has granted one prior request by the parties to extend the case deadlines (see Docket No. 33, "Amended Stipulation And Order Extending Case Deadlines,

3. In the Court's December 31, 2009 Order, the Court set a hearing date for the parties' Cross-Motions for Summary Judgment of July 23, 2010, with the Cross-Motions to be filed by June 18, 2010;

Court's ADR procedures on December 14, 2009;

4. The parties participated in an early neutral evaluation ("ENE") pursuant to the 2010, by which date the parties agree that they will file a further Stipulation and Proposed Order with the Court requesting a further Order of the Court, in the event such is needed, with regard to any resolution of this litigation, or requesting stipulated dates for the filing of Cross-Motions for Summary Judgment and associated deadlines, and for a further Case Management Conference.

5. While this matter was not resolved at the ENE session, the parties have engaged in continued good faith settlement discussions since that session, including discussions up to the date of this Stipulation;

6. The parties require additional time to continue their efforts to resolve this litigation without the need for filing Cross-Motions for Summary Judgment or further litigating the merits of this case;

7. Accordingly, the parties request that the Court vacate the current filing and hearing dates for the parties' Cross-Motions for Summary Judgment, as well as all associated deadlines, including the deadlines for the filing of the parties' opposition and reply briefs, and the date scheduled for the next Case Management Conference;

8. The parties further request that the Court give the parties two weeks' time to continue their efforts to finalize an agreement to resolve this litigation, until Friday, July 2, §§ 1001 et seq. ("ERISA");

December 31, 2009);

Good cause exists for briefly vacating the deadlines for the parties' Cross-Motions for Summary Judgment, and all related deadlines, and for allowing the parties until July 2, 2010 to file a further Stipulation and Proposed Order with the Court.

IT IS SO STIPULATED:

9. Having reviewed the Stipulation executed by Plaintiff Alicia Mackey and Defendant Intel Corporation Long Term Disability Plan, and good cause appearing, the Court hereby orders that the July 23, 2010 hearing on the parties' Cross-Motions for Summary Judgment and associated dates, as well as the scheduled Case Management Conference are VACATED. The Court further orders that the parties shall have until July 2, 2010 to file a further Stipulation and Proposed Order with the Court requesting a further Order of the Court, in the event such is needed, with regard to any resolution of this litigation, or requesting stipulated dates for the filing of Cross-Motions for Summary Judgment and associated deadlines, and for a further Case Management Conference.

Dated: June 14, 2010

IT IS SO ORDERED.

20100616

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