UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 7, 2011
REVERAND ALBERTA TETZLAFF, PLAINTIFF,
METROPOLITAN LIFE INSURANCE COMPANY,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
[TELEPHONIC APPEARANCE REQUESTED] STIPULATION TO ADVANCE MANDATORY SCHEDULING CONFERENCE; AND (PROPOSED) ORDER
Current Hearing Date:October 27, 2011 Proposed
Hearing Date:October 26, 2011 Time: 9:00 a.m. Place: Bakersfield
Federal Court Date Action Filed: March 8, 2011
TO THE HONORABLE COURT AND TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:
Plaintiff REVERAND ALBERTA TETZLAFF (hereinafter "Plaintiff" or "Reverand Tetzlaff") and Defendant METROPOLITAN LIFE INSURANCE COMPANY (hereinafter "Defendant" or "MetLife"), by and through their respective counsel of record, hereby stipulate and respectfully request that the Scheduling Conference currently scheduled for October 27, 2011, in this matter be advanced one (1) day. Counsel for Plaintiff is not available on that date due to a previously scheduled pre-paid mediation set in Northern California in another federal court case. The parties are agreeable that this matter may be advanced one day to the mutually convenient date of October 26, 2011.
If the Court approves the parties' Stipulation and Request for Advance, the parties propose the following date (or a date thereafter as may be convenient to the Court):
Scheduling Conference Date October 26, 2011; 9:00 a.m.
Good cause exists to grant the parties' request for advance based on the following grounds:
1. The above captioned action was filed in the Superior Court of the State of California, for the County of Bakersfield, on March 8, 2011 and served on April 6, 2011. The case involves disputes regarding benefits under a disability policy.
2. On May 5, 2011, Defendant removed this action to the United States District Court, Eastern District of California.
3. In it's May 5, 2011, Order Setting Scheduling Conference the Court set the Mandatory Scheduling Conference date for October 27, 2011.
4. On June 28, 2011, Defendant filed an answer to Plaintiff's complaint.
5. In it's September 14, 2011, Order of Reassignment the Court reassigned the case to Magistrate Judge Thurston due to the impending retirement of Judge Oliver Wanger and vacated all scheduled hearing dates.
6. On September 15, 2011, counsel for Plaintiff filed a decline of jurisdiction of United Magistrate Judge.
7. In it's September 16, 2011, Notice the Court reassigned this matter to the Honorable Andrew W. Ishii.
8. In it's September 19, 2011, Order the Court reset the Mandatory Scheduling Conference for October 27, 2011, at 9:00 a.m.
9. Counsel for Plaintiff is not available on October 27, 2011 due to a previously scheduled pre-paid mediation set in Northern California in another federal court case. The parties are agreeable that this matter may be advanced one day to the mutually convenient date of October 26, 2011, at 9:00 a.m.
For all the stated reasons above, IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel of record, and it is respectfully requested that the Court permit and enter an Order to advance the Scheduling Conference currently set for October 27, 2011 one day to the date set forth herein.
Dated: October 7, 2011 DARRASLAW /s/ Frank N. Darras FRANK N. DARRAS LISSA A. MARTINEZ SUSAN B. GRABARSKY Attorneys for Plaintiff REVERAND ALBERTA TETZLAFF Dated: October 7, 2011 BARGER & WOLEN LLP /s/ Royal F. Oakes as authorized on 10/7/2011 ROYAL F. OAKES MICHAEL A.S. NEWMAN JAMES C. CASTLE Attorneys for Defendant METROPOLITAN LIFE INSURANCE COMPANY
IT IS SO ORDERED. The Mandatory Scheduling Conference is being advanced from October 27, 2011, to October 26, 2011, at 9:00 a.m.
IT IS SO ORDERED.
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