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Roy C. Johnson v. Life Insurance Company of North

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


October 17, 2011

ROY C. JOHNSON, PLAINTIFF,
v.
LIFE INSURANCE COMPANY OF NORTH AMERICA; KELLOGG BROWN & ROOT (CALIFORNIA), INC. LONG TERM DISABILITY PLAN; AND KELLOGG BROWN & ROOT (CALIFORNIA), INC. LIFE PLAN, DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

FRANK N. DARRAS #128904, frank@darraslaw.com LISSA A. MARTINEZ #206994, lmartinez@darraslaw.com DARRASLAW 3257 East Guasti Road, Suite 300 Ontario, CA 91761 Telephone: (909) 390-3770 Facsimile: (909) 974-2121 Attorneys for Plaintiff ROY C. JOHNSON SEAN P. NALTY # 121253, sean.nalty@wilsonelser.com SHIVANI NANDA # 253891, shivani.nanda@wilsonelser.com WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105-2725 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA; KELLOGG BROWN & ROOT (CALIFORNIA), INC. LONG TERM DISABILITY PLAN and KELLOGG BROWN & ROOT (CALIFORNIA), INC. LIFE PLAN

JOINT NOTICE OF SETTLEMENT; REQUEST TO VACATE TRIAL BRIEFING SCHEDULE AND TRIAL DATE; REQUEST THAT THE COURT SET AN ORDER TO SHOW CAUSE RE DISMISSAL; AND (PROPOSED) ORDER Opening Trial Brief Due: Oct. 21, 2011 Responsive Trial Brief Due: Nov. 4, 2011 Trial Date: November 21, 2011 Date Action Filed: May 11, 2010 TO THE COURT AND TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:

PLEASE TAKE NOTICE that the parties hereto have reached an agreement to resolve this action in its entirety. Documents are currently being prepared to finalize the resolution of this matter and the parties anticipate filing a stipulation to dismiss the entire action, each side to bear their own attorney fees and costs within 30 days. The parties also request that the trial briefing schedule and current trial date of November 21, 2011, be vacated and that an Order to Show Cause re Dismissal be set for November 21, 2011, at 1:30 p.m.

ORDER

Pursuant to the joint notice of settlement of the parties, the trial date of November 21, 2011, at 1:30 p.m. in Courtroom 4 is taken off calendar and the trial briefing schedule is vacated. Pursuant to this Court's Local Rule 160, this Court ORDERS the parties, no later than November 18, 2011, to file appropriate papers to dismiss or conclude this action in its entirety, or to show good cause why the action has not been dismissed.

IT IS SO ORDERED.

20111017

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