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John Doe v. the Life Insurance Company of North America and Long Term Disability

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


December 3, 2010

JOHN DOE, PLAINTIFF,
v.
THE LIFE INSURANCE COMPANY OF NORTH AMERICA AND LONG TERM DISABILITY
EMPLOYEES OF EXCITE, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Judge Laurel Beeler, United States Magistrate Judge

[PROPOSED] ORDER CONTINUING DECISION CASE MANAGEMENT CONFERENCE AND COMPELLING DELIVERY OF DEFENDANT'S PLAN FOR LETTER REGARDING ITS BENEFITS

This matter is set for a case management conference on December 9, 2010. Plaintiff has stated that he has not received the letter from Defendant LINA containing its decision regarding Plaintiff's waiver of premium benefit claim despite promising it to Plaintiff within 10 days of November 17, 2010. As a result, Plaintiff requests that the Court orders Defendant to deliver to Plaintiff a determination on his claim no later than Monday, December 6, 2010 and continue the 6 case management conference for one week to allow Plaintiff time to review the letter and assess 7 how he intends to proceed in this lawsuit. The Court has considered Plaintiff's request and HEREBY RE-SETS the case management conference for December 16, 2010, at 1:30 p.m. The 9 parties shall file a joint case management statement by December 9, 2010, detailing their 10 respective positions on how this matter should proceed in light of LINA's determination.

IT IS SO ORDERED.

ISTATES

D RICT S

T C

O

T T N GRANTED

12

D U

E R

LAUREL BEELER

I

13

U IA

N

N

O

IF

R O

R

T L

14

RN D OF

H

E C

A

15

ISTRICT

20101203

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