Scott Kalkin 120791 ROBOOSTOFF & KALKIN, A Professional Law Corporation San Francisco, California, Attorney for Plaintiff Richard Trecartin.
EX PARTE APPLICATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
NATHANAEL COUSINS, District Judge.
I, Scott Kalkin, counsel for plaintiff in the above-referenced matter, hereby make the following ex parte application to the Court.
1. This is an ERISA long term disability case in which the Court has set the initial case management conference for January 29, 2014, at 10:00 a.m.
2. The complaint in this matter was filed on October 29, 2013.
3. On October 30, 2013, plaintiff's counsel received a call from Marybeth Fougere, in-house counsel for both of the defendants in this matter. She informed me that she had become aware that suit in this matter had been filed.
4. During the course of our conversation we discussed whether it would be worthwhile to attempt to resolve this matter without the necessity of service of the complaint or defendants incurring the cost of retaining outside counsel. We agreed to attempt to do so.
5. Among other things, the plaintiff in this matter has undergone extensive medical treatment including eight separate surgeries. The administrative record consists of several thousand pages.
6. In addition, counsel is in the process of gathering further medical records and other information to facilitate settlement discussions. However, this process was delayed over the course of the holiday season.
7. Given the parties' desire to engage in settlement discussions prior to defendants having to engage outside counsel to file a response to the complaint, it is requested that the case management conference and associated dates set forth in the Court's Scheduling Order be continued for approximately sixty (60) days.
8. The currently scheduled and proposed dates are as follows:
Scheduled Proposed Meet and Confer re: 1-8-14 3-5-14 Initial Disclosures and ADR Complete Disclosures 1-22-14 3-19-14 Case Management Conference 1-29-14 3-26-14
9. In light of the forgoing, good cause exists for the continuance and it is requested that the Court modify its Scheduling Order as set forth above, or to some time ...