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David Koehn v. Fireman's Fund Insurance Management Conference Company Long Term

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


February 28, 2011

DAVID KOEHN,
PLAINTIFF.
v.
FIREMAN'S FUND INSURANCE MANAGEMENT CONFERENCE COMPANY LONG TERM DISABILITY PLAN,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Claudia Wilken

FIREMAN'S FUND INSURANCE COMPANY LONG TERM DISABILITY PLAN

STIPULATION AND ORDER CHANGING HEARING ON DEFENDANT'S MOTION TO DISMISS AND CHANGING DATE FOR CASE [Civil L.R. 6-2] 25

Pursuant to Civil L.R. 6-2, Plaintiff David Koehn ("Plaintiff") and Defendant Fireman's

Fund Insurance Company Long Term Disability Plan ("Defendant"), through their respective 3 counsel, stipulate and agree as follows:

WHEREAS, on December 1, 2010, Plaintiff filed his Complaint in this action.

WHEREAS, on February 2, 2011, Defendant filed its Motion to Dismiss Plaintiff's

Complaint that is currently set for hearing on March 17, 2011 at 2:00 p.m. 7

8 at 2:00 p.m. 9

10 this action, they desire to continue the hearing on Defendant's Motion to Dismiss, continue the 11

WHEREAS, other than two stipulated extensions extending the time for Defendant to

13 respond to Plaintiff's Complaint, there have been no other extensions of time in this action.

WHEREAS, a Case Management Conference is currently scheduled for March 29, 2011

WHEREAS, because Plaintiff and Defendant are exploring the possible settlement of

Case Management Conference and continue related Case Management deadlines. 12

IT IS THEREFORE STIPULATED AND AGREED:

1. The hearing on Defendant's Motion to Dismiss is changed from March 17, 2011 to

March 31, 2011 at 2:00 p.m. or such other date that is convenient for the Court's calendar. 17

18 no later than March 17, 2011. 19

20 place immediately following the hearing on Defendant's Motion to Dismiss on March 31, 2011 21 or such other date that is convenient for the Court's calendar. A Joint Case Management 22

4. The last day for the parties to meet and confer re: initial disclosures, early

24 settlement, ADR process selection and discovery; to file ADR certification, and to file 25

March 3, 2011 to March 17, 2011. 27

28 state objection in Rule 26(f) Report is extended from March 17, 2011 to March 31, 2011.

2. Defendant shall file its Reply Memorandum in support of its Motion to Dismiss by

3. The March 29, 2011 Case Management Conference is vacated, and reset to take

Conference Statement shall be filed by the parties by March 24, 2011. 23

Stipulation to ADR process or Notice of Need for ADR Telephone Conference is extended from 26

5. The last day for the parties to file Rule 26(f) Report, complete initial disclosures or

IT IS SO STIPULATED.

LEWIS, FEINBERG. LEE. RENAKER, & JACKSON, PC Julia Campins Attorneys for Plaintiff DAVID KOEHN Dated: February 28, 2011 SNR DENTON US LLP Steven H. Frankel Attorneys for Defendant FIREMAN'S FUND INSURANCE COMPANY LONG TERM DISABILITY PLAN [PROPOSED] ORDER

For good cause shown, the Stipulation is granted. Absent the Court being advised in advance of the dates set forth below that the parties have settled this action, the following schedule shall apply:

1. The hearing on Defendant's Motion to Dismiss is continued from March 17, 2011 to March 31, 2011 at 2:00 p.m.

2. Defendant shall file its Reply Memorandum in support of its Motion to Dismiss by no later than March 17, 2011

3. The March 29, 2011 Case Management Conference is vacated and the Case

Management Conference is reset to take place immediately following the hearing on Defendant's Motion to Dismiss on March 31, 2011. A Joint Case Management Statement shall be filed by the parties by no later than March 24, 2011.

4. The last day for the parties to meet and confer re: initial disclosures, early settlement, ADR process selection and discovery, to file ADR certification, and to file Stipulation to ADR 3 process or Notice of Need for ADR Telephone Conference is continued from March 3, 2011 to March 17, 2011.

5. The last day for the parties to file Rule 26(f) Report, complete initial disclosures or

6 state objection in Rule 26(f) Report is extended from March 17, 2011 to March 31, 2011. 7

IT IS SO ORDERED.

Dated: March 2, 2011 Claudia Wilken United States District Judge

CERTIFICATION

I, Steven H. Frankel, am the ECF User whose identification and password are being

3 used to file this Stipulation and [Proposed] Changing Hearing On Defendant's Motion To Dismiss 4

And Changing Date For Case Management ConferenceIn compliance with General Order 5

45.X.B., I hereby attest that Julia Campins, counsel for Plaintiff, concurred in this filing. 6 7

Dated: February 28, 2011 /s/ Steven H. Frankel_____

Steven H. Frankel

PROOF OF SERVICE

I, Diane Vivian Donner, hereby declare:

I am employed in the City and County of San Francisco, California in the office of a

4 member of the bar of this court whose direction the following service was made. I am over the age 5 of eighteen years and not a party to the within action. My business address is SNR Denton US 6

LLP, 525 Market Street, 26th Floor, San Francisco, California 94105. 7

On February 28, 2011, the following document, described as:

STIPULATION AND [PROPOSED] ORDER CHANGING HEARING ON DEFENDANT'S MOTION TO DISMISS AND CHANGING DATE FOR CASE MANAGEMENT CONFERENCE was served via CM/ECF by the Clerk of the Court, upon all counsel of record registered to receive electronic filing, as indicated on the Court's website, or by United States Mail, upon those parties not registered for electronic filing.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on February 28, 2011 at San Francisco, California. Diane Vivian Donner

20110228

© 1992-2011 VersusLaw Inc.



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