RAOUL D. KENNEDY (STATE BAR NO. 40892) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 525 University Avenue, Suite 1100 Palo Alto, California 94301 Telephone: (650) 470-4500 Facsimile: (650) 470-4570 Email: Raoul.Kennedy@skadden.com JAMES R. CARROLL (PRO HAC VICE) DAVID S. CLANCY (PRO HAC VICE) CHRISTOPHER A. LISY (PRO HAC VICE) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP One Beacon Street, 31st Floor Boston, Massachusetts 02108 Telephone: (617) 573-4800 Facsimile: (617) 573-4822 Email: James.Carroll@skadden.com Email: David.Clancy@skadden.com Email: Christopher.Lisy@skadden.com Attorneys for Defendant Conseco Life Insurance Company
STIPULATION AND PROPOSED ORDER CONCERNING THE BRIEFING SCHEDULE OF AND HEARING ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF EMAILS
Pursuant to Civil Local Rules 6-2 and 7-12, plaintiffs Cedric Brady, Dr. Charles Hovden, Dr. Marion Hovden, Dr. Eugene Kreps, Dr. John McNamara, Dr. Hisaji Sakai and Bill W. 3 McFarland ("Plaintiffs") and defendant Conseco Life Insurance Company ("Conseco Life") 4 respectfully submit this Stipulation And Proposed Order Concerning The Briefing Schedule Of 5 And Hearing On Plaintiffs' Motion To Compel The Production Of Emails.
WHEREAS, on November 10, 2011, Plaintiffs filed their Motion To Compel The Production Of Emails (Docket No. 230) ("Motion To Compel");
WHEREAS, Conseco Life's opposition to the Motion To Compel is due on November 28, 2011 and Plaintiffs' reply is due on December 5, 2011;
counsel for Plaintiffs and Conseco Life have conferred and agree upon a modified briefing 13 schedule and hearing date;
WHEREAS, the Motion To Compel is scheduled for hearing on December 20, 2011;
WHEREAS, because counsel for Conseco Life have certain conflicts with this schedule,
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned as
1. Conseco Life may file its opposition to Plaintiffs' Motion To Compel no later than December 1, 2011; 18
2. Plaintiffs may file their reply no later than December 8, 2011; and
3. A hearing on Plaintiffs' Motion To Compel may be scheduled for January 10, 2012, or at another time as the Court's schedule may permit.
ATTESTATION PURSUANT TO GENERAL ORDER
I, Christopher A. Lisy, am the ECF User whose ID and password are being used to file this Stipulation And Proposed Order. In compliance with General Order 45.X.B, I hereby attest that concurrence in the filing of this document has been obtained from each of the other 10 signatories. I declare under penalty of perjury ...