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Cindi Pepitone v. Kaiser Permanente Employees

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 27, 2011

CINDI PEPITONE, PLAINTIFF,
v.
KAISER PERMANENTE EMPLOYEES PENSION PLAN, DEFENDANT.

The opinion of the court was delivered by: The Honorable Samuel Conti United States District Court Judge

STIPULATION AND [PROPOSED] ORDER TO SET EXTENDED BRIEFING SCHEDULE PURSUANT TO LOCAL RULE 6-2(a) RELATED TO PARTIES' CROSS- MOTIONS FOR SUMMARY JUDGMENT Complaint filed: February 2, 2011

Permanente Employees Pension Plan ("Defendant") (collectively the "Parties"), by and 4 through their respective counsel of record, hereby stipulate for an extended briefing schedule 5 related to their cross-motions for summary judgment as follows: Pursuant to United States District Court of the Northern District of California's Local Rule ("Local Rule") 6-2(a), Plaintiff Cindi Pepitone ("Plaintiff") and Defendant Kaiser 3

WHEREAS, this is an action for pension benefits governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sections 1001 et seq. ("ERISA"); 9 10 11 the deadlines in this ERISA action related to the filing of Cross-Motions for Summary 12 Judgment or Court scheduled conferences; 13 14 15 for January 13, 2012; 16 17 18 pursuant to the Court's ADR procedure on September 14, 2011; 19 20 21 have agreed, through their respective counsel, to engage in further good faith efforts to 22 informally resolve this dispute; 23 24

WHEREAS, in the event that informal resolution is unsuccessful, the Parties 25 intend to file Cross-Motions for Summary Judgment dispositive of the issues in this ERISA 26 action, and will need sufficient time to prepare their respective Cross-Motions for Summary 27

WHEREAS, the Parties have not previously sought to continue or extend any of WHEREAS, on June 24, 2011 the Court scheduled a Trial Setting Conference WHEREAS, the Parties participated in an early neutral evaluation ("ENE") WHEREAS, while this matter was not resolved at the ENE session, the Parties Judgment, opposition and reply briefs. 28

Local Rule 6-2(a), in order to accomplish these goals, and having met and conferred 6 regarding their respective calendars and availability, and having contacted the Court's clerk to 7 reserve a hearing date, that a hearing on the Parties' Motions for Summary Judgment be 8 scheduled on April 20, 2012,and that a briefing schedule be set by the Court extending 9 deadlines otherwise set by Local Rule 7-3, as follows:

NOW, THEREFORE,

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and

Defendant, by and through their respective undersigned attorneys of record, that, pursuant to 5

Last day for the Parties to file and serve Cross-Motions for Summary Judgment:

March 9, 2012

Last day for the Parties to file and serve opposition briefs:

March 23, 2012

Last day for the Parties to file and serve reply briefs:

April 6, 2012

Hearing on the Parties' Cross-Motions for Summary Judgment:

April 20, 2012

IT IS FURTHER STIPULULATED AND AGREED by and between Plaintiff and

Defendant, by and through their respective undersigned attorneys of record, in the event that 25 the Court wishes to continue the January 13, 2012 Trial Setting Conference and set a new 26 date for a Trial Setting Conference, the Parties respectfully request that the Trial Setting 27

Conference be set no earlier than April 20, 2012. 28

Good cause exists for the setting of the deadlines for the parties' Cross-Motions for Summary Judgment, as set forth above. 3 4

IT IS SO STIPULATED:

Dated: December 19, 2011 LAW OFFICE OF RICHARD JOHNSTON By: /s/ Richard Johnston Attorney for Plaintiff CINDI PEPITONE

Dated: December 19, 2011 MILLER LAW GROUP A Professional Corporation By: /s/ Katherine L. Kettler Attorneys for Defendant KAISER PERMANETE EMPLOYEES PENSION PLAN

Having reviewed the Stipulation executed by Plaintiff CINDI PEPITONE and Defendant KAISER PERMANENTE EMPLOYEES PENSION PLAN, and good cause 3 appearing, the Court hereby orders that pursuant to Local Rule 6-2(b) the parties' Cross-4

Motions for Summary Judgment, as well as a subsequent Trial Setting Conference, be 5 scheduled as set forth below: 6 7 Last day for the Parties to file and serve Cross-Motions for Summary Judgment: March 9, 2012 Last day for the Parties to file and serve opposition briefs: March 23, 2012 Last day for the Parties to file and serve reply briefs: April 6, 2012

Hearing on the Parties' Cross-Motions for Summary Judgment: April 20, 2012 Trial Setting Conference:

IT IS SO ORDERED.

20111227

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