The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Judge
JESSE S. KAPLAN CSB# 103726 5441 Fair Oaks Bl. Ste. C-1 Carmichael, CA 95608 (916) 488-3030 (916) 489-9297 Attorney for Plaintiff BERNADETTE GOUGH
STIPULATION TO CONTINUE MOTION AND HEARING DATES
SO AS TO PERMIT ALTER-NATIVE DISPUTE
RESOLUTION AND ORDER
Plaintiff BERNADETTE GOUGH and defendants PACIFIC TELESIS GROUP COMPREHENSIVE DISABILITY BENEFITS PLAN and its administrator agree to try to settle this action by private mediation and request the Court grant continuances of current dates as proposed below.
Briefly, this is an ERISA disability claim involving a long-time phone company employee who ceased working a number of years ago. Defendants, then possessed of different names, granted short-term disability benefits totaling a matter of months, terminating them before the potential short-term portion of the disability benefits plan was exhausted. Plaintiff had recourse to this court in an earlier action before another judge, ultimately had to appeal to the Ninth Circuit, and there the parties reached an agreement whereby the matter would be resubmitted for administrative review on the disability merits by defendants. After a delay in deciding the resubmission, this complaint was filed, and thereafter defendants administratively redetermined the STD claim against plaintiff once again. Thereafter, this action went forward.
The parties wish to mediate plaintiff's entitlement to benefits under the plan and propose the following continuance of dates:
Discovery cutoff December 31, 2011 April 1, 2012 Plaintiff's motion for summary judgment filed by January 31, 2011 April 30, 2012 Defendants' opposition and cross-motion filed by February 21, 2012 May 21, 2012 Plaintiff's reply and opposition filed by March 6, 2012 June 5, 2012 Defendant's reply filed by March 13, 2012 June 12, 2012 Hearing on cross-motions March 21, 2012 9:30 a.m. June 20, 2012 at 9:30 a.m.
GOOD CAUSE APPEARING from the parties' stipulation to mediate this matter, IT IS HEREBY ORDERED that the foregoing dates be continued to the new ones as set forth above.
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