ROBERT J. ROSATI, (SBN. 112006) THORNTON DAVIDSON, (SBN: 166487) ERISA Law Group, LLP, Fresno, California. Attorneys for Plaintiff CAROL CASTILLO
JORDAN S. ALTURA, (SBN: 209431) SETH J. MANFREDI, (SBN: 260893) GORDON & REES LLP, San Francisco, CA. Attorneys for Defendant AETNA LIFE INSURANCE COMPANY
STIPULATION AND ORDER REGARDING CROSS-MOTIONS FOR JUDGMENT
LAWRENCE J. O'NEILL, District Judge.
COURT LANGAUGE AND ORDERS ADDED. READ BELOW
Plaintiff Carol Castillo and Defendant Aetna Life Insurance Company (hereinafter referred to as the "Parties"), by and through their respective counsel of record, hereby jointly file this Stipulation:
WHEREAS, the Court's scheduling order set the hearing on the Parties' cross-motions for judgment for August 1, 2013, at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, with motions to be filed by May 23, 2013, oppositions to be filed by June 21, 2013, and replies to be filed by July 18, 2013;
WHEREAS, pursuant to the recommendations of Magistrate Judge Gary S. Austin at the October 2, 2012 Case Management Conference, the Parties engaged in settlement discussions, which are continuing and which the parties are optimistic will result in a settlement and dismissal of this action;
WHEREAS, the total benefit amount at issue in this dispute involving a life insurance policy is $60, 000, and the parties have agreed it would be beneficial for both sides to avoid the significant expense of preparing and filing cross-motions for judgment, prior to exhausting settlement efforts;
WHEREAS, the parties respectfully seek to modify the briefing schedule regarding the cross-motions for judgment, including the hearing date;
THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES THAT:
1. Provided the Court's calendar allows, the hearing date on the Parties' cross-motions for judgment should be continued to August 22, 2013 at 8:30 a.m., with motions to be filed by June 13, 2013, oppositions to be filed by July 11, 2013, and replies to be filed by August 8, 2013;
2. The Parties hereby respectfully request the Court grant this continuance.
PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing date on the Parties' cross-motions for judgment should be continued to August 22, 2013 at 8:30 a.m., with motions to be filed by June 13, 2013, oppositions to be filed ...