Opinion
Case No.: CV09-02658 PJH.
April 8, 2010
ADRIENNE C. PUBLICOVER (SBN 161432), CHARAN M. HIGBEE (SBN 148293), WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER LLP, San Francisco, CA, Attorneys for Defendants, LIFE INSURANCE COMPANY OF NORTH AMERICA and NOVARTIS VACCINES AND DIAGNOSTICS, INC.
WILLIAM GREEN (SBN 129816), DELFINO, GREEN GREEN, San Rafael, CA, Attorneys for Plaintiff, MARK FAGAN.
SECOND STIPULATION TO CONTINUE HEARING DATE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT; AND [ PROPOSED ] ORDER
IT IS HEREBY STIPULATED, by and between the parties to this action, plaintiff Mark Fagan and defendants Life Insurance Company of North America ("LINA") and Novartis Vaccines and Diagnostics, Inc., through their attorneys of record, as follows:
1. The hearing date for cross-motions for summary judgment in this ERISA action currently is set for May 19, 2010 at 9:00 a.m.;
2. Defendant LINA recently reached a decision regarding plaintiff's second administrative appeal as to the disability benefit claim at issue in this lawsuit;
3. A letter dated March 31, 2010 was sent to plaintiff, through his attorney of record in this action, advising that the prior decisions to deny plaintiff's claim for disability benefits under the subject ERISA plan and/or subject group insurance policy was affirmed;
4. Defendant LINA requires additional time to send the complete administrative record to its attorneys of record in this action, which will include all documents relating to plaintiff's second administrative appeal, and LINA's attorneys need additional time to prepare the administrative record for production to plaintiff in this action;
5. The parties therefore stipulate to a 42-day continuance as to the current hearing date for the Cross-Motions for Summary Judgment, and stipulate that the hearing date be re-scheduled for June 30, 2010;
6. Good cause exists for this continuance in order that the administrative record submitted to the Court and relied on by the parties in their briefing is complete and accurate; and
7. This is the second stipulation submitted by the parties to continue the hearing date for the cross-motions for summary judgment in this action. This stipulation will not alter any other dates set by the Court in this action, other than the hearing date for the cross-motions for summary judgment and the applicable briefing schedule for those motions as determined by the local rules of this Court.