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Peter Benavente v. Certain Underwriters

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 24, 2012

PETER BENAVENTE, PLAINTIFF,
v.
CERTAIN UNDERWRITERS, LLOYD'S LONDON, SUBSCRIBING TO POLICY NO. NA0425007-07-01, AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Phyllis Hamilton Judge United States District Court

RIMAC MARTIN, P.C. 2 JOSEPH M. RIMAC -- State Bar No. 72381 jrimac@rimacmartin.com 3 WILLIAM REILLY -- State Bar No. 177550 wreilly@rimacmartin.com 4 1051 Divisadero Street San Francisco, CA 94115 5 Telephone: (415) 561-8440 6 Facsimile: (415) 561-8430 Attorneys for Defendant CERTAIN UNDERWRITERS, LLOYD'S LONDON, 8 SUBSCRIBING TO POLICY NO. NA0425007-07-01 9 10

STIPULATION IN SUPPORT OF STAY AND [PROPOSED] ORDER THEREON

Plaintiff PETER BENAVENTE and Defendant CERTAIN UNDERWRITERS, LLOYD'S LONDON, SUBSCRIBING TO POLICY NO. NA0425007-07-01 (referred to herein as "plaintiff" 24 and "defendant"), by and through their respective attorneys, hereby stipulate to stay this matter for 25 26 150 days so that plaintiff may complete his administrative appeal of the decision to deny his 2 permanent disability claim under his Occupational Accident Disability Plan. 3

4 plaintiff's permanent disability claim, the parties have agreed to complete an administrative 5 appeals process. Defendant has advised plaintiff that it will reassess his claim through the 6 appeals process. The appeal process could take over 120 days and could result in the payment of 7 plaintiff's claim. As such, the parties request a stay of 150 days to complete this process. 8

Good cause exists for the parties' request for a stay in that, after the initial denial of

SO STIPULATED.

ORDER

The parties having stipulated thereto and good cause appearing, IT IS HEREBY ORDERED 4 that this matter be, and hereby is, STAYED to allow the parties to pursue an alternative to litigation 5 through the administrative appeals process.

The case is stayed until 6/21/12.

IT IS FURTHER ORDERED that the Case Management Conference in this matter, is continued to 6/28/12 at 2:00 p.m., but will be vacated if matter scheduled for February 9, 2011, be taken off calendar. is resolved before that date. 8

IT IS SO ORDERED

20120124

© 1992-2012 VersusLaw Inc.



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