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Maryella Davis v. Bank of America Group Benefits Program; Metropolitan Life Insurance Company; Aetna

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 20, 2011

MARYELLA DAVIS, PLAINTIFF,
v.
BANK OF AMERICA GROUP BENEFITS PROGRAM; METROPOLITAN LIFE INSURANCE COMPANY; AETNA, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Saundra Brown Armstrong

DOROTHY D. GUILLORY Attorney at Law 2 guildorothy@aol.com 1701 Harrison Street Oakland, CA 94612 Telephone: (510) 836-2111 Facsimile: (510) 836-2112 Attorney for Plaintiff MaryElla Davis GORDON & REES LLP RONALD K. ALBERTS Bar No. 100017 ralberts@gordonrees.com LISA K. GARNER Bar No. 155554 lgarner@gordonrees.com 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 Telephone: (213) 576-5000 Facsimile: (213) 680-4470 Attorneys for Defendant Aetna Life Insurance Company (erroneously sued and served as AETNA, Inc.)

STIPULATION AND [PROPOSED] XXXXXXXXX ORDER TO CONTINUE DATE TO COMPLETE ADR

Metropolitan Life Insurance Company, and Aetna Life Insurance Company (erroneously sued 3 and served as AETNA, Inc.), by and through their respective attorneys of record, hereby agree 4 and stipulate as follows:

1. On August 30, 2011, the Court ordered that the parties participate in mediation 6 through the Northern District of California's ADR Program. (ECF No. 30.) Pursuant to the 7 timelines set forth in the ADR Local Rules, the parties are to complete mediation on or before 8

2. On October 12, 2011, Stephen Schrey was appointed as the parties' mediator.

(ECF No. 40.) On October 12, 2011, Mr. Schrey contacted the parties' respective counsel to 11 schedule a pre-mediation telephone conference. The first mutually available date for the 12 telephone conference is October 27, 2011. 13

3. The parties and the mediator have conferred and concluded that based upon the 14 recent appointment of Mr. Schrey as the mediator and the upcoming holidays, the parties will 15 not be able to find a mutually available date for mediation before the November 28, 2011 16 mediation cut off.

respectfully request that the Court order, as follows: 19

IT IS SO STIPULATED.

ORDER

IT IS HEREBY ORDERED that the last day for the parties to participate in mediation is continued to January 31, 2012.

20111020

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