Opinion
Case No. 2:09-cv-02057-MCE-GGH
02-08-2013
LINDA K. DESROSIERS, Plaintiff, v. THE HARTFORD aka HARTFORD FIRE INS. CO., HARTFORD FINANCIAL SERVICES GROUP, INC., and DOES 1 through 20, inclusive, Defendants.
CHRISTOPHER H. WHELAN, INC. Christopher H. Whelan (SBN 80823) Attorneys for Plaintiff, LINDA K. DESROSIERS JACKSON LEWIS LLP ROBERT J. SCHNACK (SBN 191987) JERRY J. DESCHLER JR. (SBN 215691) Attorneys for Defendants THE HARTFORD aka HARTFORD FIRE INS. CO. And HARTFORD FINANCIAL SERVICES GROUP, INC.
CHRISTOPHER H. WHELAN, INC.
Christopher H. Whelan (SBN 80823)
Attorneys for Plaintiff,
LINDA K. DESROSIERS
JACKSON LEWIS LLP
ROBERT J. SCHNACK (SBN 191987)
JERRY J. DESCHLER JR. (SBN 215691)
Attorneys for Defendants
THE HARTFORD aka HARTFORD FIRE
INS. CO. And HARTFORD FINANCIAL
SERVICES GROUP, INC.
STIPULATION AND JOINT APPLICATION
TO CONTINUE THE HEARING DATE FOR
DEFENDANTS SUMMARY JUDGMENT
MOTION OR IN THE ALTERNATIVE
PARTIAL SUMMARY JUDGMENT DUE TO
HEALTH RELATED ISSUES FOR
PLAINTIFF'S COUNSEL'S FAMILY
MEMBERS
ORDER THEREON
Complaint Filed: January 26, 2009
Trial Date: January 6, 2014
Pursuant to Federal Rule of Civil Procedure 16(b)(4), and for good cause shown, Plaintiff Linda K. DesRosiers ("Plaintiff") and Defendants The Hartford aka Hartford Fire Ins. Co. and Hartford Financial Services Group, Inc. (collectively hereinafter "Defendants"), through their respective counsel of record, hereby stipulate and jointly request that the Court continue the present hearing date for defendants Motion for Summary Judgment or in the alternative Partial Summary Judgment from February 21, 2013 to March 21, 2013. This twenty eight day (28) requested extension of the hearing date and all related dates (Opposition and Reply)will not impact the trial date or any other deadlines, and will still allow these dispositive motions to be heard approximately ten months before trial.
THE PARTIES HEREBY STIPULATE AS FOLLOWS:
WHEREAS this matter has recently been set for trial on January 14, 2014.
WHEREAS per a prior extension the hearing date was set for February 21, 2013.
WHEREAS this twenty eight (28) day extension has become necessary because Plaintiff's counsel, a sole practitioner, has had to virtually shut down his practice for the last three weeks to be with his 86 year old mother who has been in St. Agnes hospital in Fresno, California as a result of a stroke. Her hospital stay has included long stays in and out of ICU twice as a result of the combination of breathing, heart problems and brain damage caused by the stroke. Plaintiff counsel, his brother and sisters are providing 24 hour assistance and watch for his mother in the hospital during this period, which could go on for a number of weeks at least. This intense care is necessary since Plaintiff's counsel's mother is constantly trying to climb out of bed to go home and/or take off her breathing devices. This 24 watch is also necessary to back up the busy nurses, who because of confusion in the record administered the wrong medicine during a brief break in the watch causing about a day and a half of a near coma state. Plaintiff's counsel's shifts in this watch have been 13 to 19 hours per day. This schedule has made it impossible to read, much less respond, to the motion.
Consequently, good cause exists for continuing the hearing date twenty eight days (28) to March 21, 2013.
IT IS SO STIPULATED.
CHRISTOPHER H. WHELAN, INC.
By: _________________
Christopher H. Whelan
Attorneys for Plaintiff
LINDA K. DESROSIERS
JACKSON LEWIS LLP
By:_________________
ROBERT J. SCHNACK
JERRY J. DESCHLER, JR.
Attorneys for Defendants
THE HARTFORD aka HARTFORD FIRE
INS.CO and HARTFORD FINANCIAL
SERVICES GROUP, INC.
ORDER
Having reviewed the parties' stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED The hearing date of February 21, 2013, for Defendant's Motion for Summary Judgment or in the alternative Partial Summary Judgment be continued to March 21, 2013, with all related Opposition and Reply dates based upon that new hearing date.
_________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE