Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In Re Conseco Life Insurance Company Lifetrend Insurance Sales and Marketing Litigation

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 16, 2012

IN RE CONSECO LIFE INSURANCE COMPANY LIFETREND INSURANCE SALES AND MARKETING LITIGATION

The opinion of the court was delivered by: David S. Clancy David S. Clancy

ALL CASES

STIPULATION AND [PROPOSED] ORDER CHANGING THE DATE OF THE HEARING ON THE PENDING 20 SUMMARY JUDGMENT AND ) DECERTIFICATION MOTIONS, AND ADJUSTING THE BRIEFING ON THE ) SUMMARY JUDGMENT MOTIONS

Pursuant to Civil Local Rule 7-12, Plaintiffs and defendant Conseco Life Insurance Company ("Conseco Life") respectfully submit this Stipulation And [Proposed] Order Changing 3 The Date Of The Hearing On The Pending Summary Judgment And Decertification Motions, And 4 Adjusting The Briefing On The Summary Judgment Motions: 5 6 and Conseco Life has filed a motion for decertification (Docket No. 393) and a motion for 7 summary judgment (Docket No. 402); 8 9 their motion for partial summary judgment by November 16, 2012, which under Civil Local Rules 10

WHEREAS, Plaintiffs have filed a motion for partial summary judgment (Docket No. 387)

WHEREAS, Plaintiffs have previously committed to filing their reply in further support of 7-3(c) and 7-4(b), may be up to 15 pages; 11

12 by November 30, 2012, which under Civil Local Rules 7-3(a) and 7-4(b), may be up to 25 pages; 13 14 not to exceed 30 pages, (1) in further support of their motion for partial summary judgment, and 15

WHEREAS, Plaintiffs' opposition to Conseco Life's motion for summary judgment is due

WHEREAS, Plaintiffs propose to file no later than November 16, 2012, a combined brief, (2) in opposition to Conseco Life's motion for summary judgment; 16 17 summary judgment (not to exceed the 15 pages provided by Civil Local Rules 7-3(c) and 7-4(b)) 18 no later than November 26, 2012; 19 20 summary judgment, Conseco Life's motion for summary judgment, and Conseco Life's motion for 21 decertification will be completed by November 26, 2012; 22 parties, after consulting with the Court, propose to schedule the hearing on those motions for 25

WHEREAS, Conseco Life proposes to file a reply brief in further support of its motion for

WHEREAS, under this proposed approach, the briefing on Plaintiffs' motion for partial

WHEREAS, a hearing on all three motions is now scheduled for December 7, 2012;

WHEREAS, counsel for Conseco Life has a conflict on December 7, 2012 and therefore the December 5, 2012 at 4:00 p.m. PST; 26

27 follows: 28

IT IS THEREFORE STIPULATED AND AGREED, by and between the undersigned, as

1. The hearing on Plaintiffs' motion (Docket No. 387) and Conseco Life's motions (Docket Nos. 393 & 402) will be held on December 5, 2012 at 4:00 p.m. PST. 3

4 support of their motion for partial summary judgment and (b) their opposition to Conseco Life's 5 motion for summary judgment is November 16, 2012; 6 summary judgment is November 26, 2012; 8

9 action (including the date of the final pretrial conference, which is scheduled for March 12, 2013 at 10

2. Plaintiffs' deadline to submit a combined brief, not to exceed 30 pages, (a) in further

3. Conseco Life's deadline to submit its reply in further support of its motion for

4. This stipulation and [proposed] order does not change any other deadline in this

3:30 p.m. PDT, or the date that trial is scheduled to commence, which is March 25, 2013, at 8:30 11 a.m. PDT). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: November 13, 2012 Respectfully submitted, 2 /s/ Craig J. Litherland Craig J. Litherland (Pro Hac Vice) 3 Andrea K. Hopkins (Pro Hac Vice) Michelle A. Price (Pro Hac Vice) 4 Emily P. Grim (Pro Hac Vice) Daniel I. Wolf (Pro Hac Vice) 5 GILBERT LLP 1100 New York Avenue, NW, Suite 700 6 Washington, DC 20005 Telephone: (202) 772-2200 7 Facsimile: (202) 772-3333 Email: litherlandc@gotofirm.com 8 Email: hopkinsa@gotofirm.com Email: pricem@gotofirm.com 9 Email: grime@gotofirm.com Email: wolfd@gotofirm.com 10 David J. Millstein (CSB #87878) 11 MILLSTEIN & ASSOCIATES 100 The Embarcadero Suite 200 12 San Francisco, CA 94105 Telephone: (415) 348-0348 13 Facsimile: (415) 348-0336 Email: dmillstein@millstein-law.com 14 Joseph J. Tabacco, Jr. (CSB #75484) 15 Christopher T. Heffelfinger (CSB #118058) Bing W. Ryan (CSB #228641) 16 BERMAN DEVALERIO One California Street, Suite 900 17 San Francisco, CA 94111 Telephone: (415) 433-3200 18 Facsimile: (415) 433-6382 Email: jtabacco@bermandevalerio.com 19 Email: cheffelfinger@bermandevalerio.com Email: bryan@bermandevalerio.com 20 Attorneys for Plaintiffs /s/ David S. Clancy 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) ABRA C. BRON (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 Email: Abra.Bron@skadden.com Attorneys for Defendant Conseco Life Insurance Company

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

I, David S. Clancy, am the ECF User whose ID and password are being used to file this Stipulation And Proposed Order. In compliance with Civil L.R. 5-1, I hereby attest that 16 concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing 17 is true and correct. 18 Executed this 13th day of November 2012, at Boston, Massachusetts. 19

/s/ David S. Clancy

David S. Clancy

PURSUANT TO STIPULATION, IT IS SO ORDERED, 22

Dated:

11/14/12

23

Hon. Susan Illston United States District Judge

24 25 26 27 28

RAOUL D. KENNEDY (STATE BAR NO. 40892) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 2

525 University Avenue, Suite 1100 Palo Alto, California 94301 3

Telephone: (650) 470-4500 Facsimile: (650) 470-4570 4

Email: Raoul.Kennedy@skadden.com 5

JAMES R. CARROLL (PRO HAC VICE) DAVID S. CLANCY (PRO HAC VICE) 6

CHRISTOPHER A. LISY (PRO HAC VICE) ABRA C. BRON (PRO HAC VICE) 7

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP One Beacon Street, 31st Floor 8

Boston, Massachusetts 02108 Telephone: (617) 573-4800 9

Facsimile: (617) 573-4822 Email: James.Carroll@skadden.com 10

Email: David.Clancy@skadden.com Email: Christopher.Lisy@skadden.com 11

Email: Abra.Bron@skadden.com 12

Attorneys for Defendant Conseco Life Insurance Company 13 14

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CASE NO.: 3:10-md-2124 SI

ALL CASES

IN RE CONSECO LIFE INSURANCE ) DECLARATION OF DAVID S. COMPANY LIFETREND INSURANCE ) CLANCY IN CONNECTION WITH 20 SALES AND MARKETING LITIGATION ) THE STIPULATION AND

[PROPOSED] ORDER CHANGING ) THE DATE OF THE HEARING ON ) THE PENDING SUMMARY JUDGMENT AND ) DECERTIFICATION MOTIONS AND ) ADJUSTING THE BRIEFING ON ) THE SUMMARY JUDGMENT ) MOTIONS

CLANCY DECLARATION IN CONNECTION WITH THE Case No. 3:10-md-2124 SI STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE AND ADJUSTING THE BRIEFING ON SUMMARY JUDGMENT MOTIONS

counsel to defendant Conseco Life Insurance Company ("Conseco Life") in this matter. 4

I, David S. Clancy, pursuant to 28 U.S.C. § 1746, declare and state as follows:

1. I am a partner in the law firm of Skadden, Arps, Slate, Meagher & Flom LLP,

2. I submit this declaration in connection with the Stipulation And [Proposed] Order

Changing The Date Of The Hearing On The Pending Summary Judgment And Decertification 6

Motions, And Adjusting The Briefing On The Summary Judgment Motions. 3. A hearing on Plaintiff's motion for partial summary judgment (Docket No. 387),

Conseco Life's motion for summary judgment (Docket No. 402), and Conseco Life's motion for 9 decertification (Docket No. 393) is now scheduled for December 7, 2012. 10

11 parties, after consulting with the Court, propose to schedule the hearing on those motions for 12

4. Counsel for Conseco Life has a conflict on December 7, 2012 and therefore the December 5, 2012 at 4:00 p.m. PST. 13

14 under the Civil Local Rules) in further support of their motion for partial summary judgment by 15

5. Plaintiffs have previously committed to file their reply brief (not to exceed 15 pages

November 16, 2012; 16

6. Plaintiffs' deadline to file their opposition (not to exceed 25 pages under the Civil Local Rules) to Conseco Life's motion for summary judgment is currently November 30, 2012; 18 19 brief, not to exceed 30 pages, (a) in further support of their motion for partial summary judgment 20 and (b) in opposition to Conseco Life's motion for summary judgment. 21 pending papers on the parties' summary judgment motions:

7. The parties have agreed it is more efficient for Plaintiffs to file a single combined 8. Counsel for the parties have conferred and propose the following deadlines for the (a) November 16, 2012: Deadline for Plaintiffs to file a combined brief, not to exceed 30 pages, (i) in further support of their motion for partial summary judgment and (ii) in opposition to Conseco Life's motion for summary judgment; and

(b) November 26, 2012: Deadline for Conseco Life to file its reply in further support of its motion for summary judgment.

9. Under this schedule, Plaintiffs' motion for partial summary judgment, Conseco Life's motion for summary judgment, and Conseco Life's motion for decertification will be fully 5 briefed by November 26, 2012.

10. The parties do not seek to change the trial date or the date of the final pretrial conference.

11. Prior to this stipulation and [proposed] order, the parties have requested by 9 stipulation and been granted time modifications in this case in the following instances: Docket 10 Nos. 7, 21, 106, 149, 151, 159, 167, 189, 237, 249, 260, 276, 291, 306, 371, 377, and 396. 11 I declare under penalty of perjury that the foregoing is true and correct. Executed at Boston,Massachusetts on November 13, 2012.

20121116

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.