Opinion
CASE NO.: 3:10-md-2124 SI
05-14-2013
IN RE CONSECO LIFE INSURANCE COMPANY LIFETREND INSURANCE SALES AND MARKETING LITIGATION
STEPHEN A. WEISBROD (Pro Hac Vice) AUGUST J. MATTEIS, JR. (Pro Hac Vice) JOSHUA N. KATZ (Pro Hac Vice) Weisbrod Matteis & Copley PLLC Attorneys for Plaintiffs William Jeff Burnett and Joe H. Camp RAOUL D. KENNEDY (State Bar No. 40892) Skadden, Arps, Slate, Meagher & Flom LLP JAMES R. CARROLL (Pro Hac Vice) DAVID S. CLANCY (Pro Hac Vice) CHRISTOPHER A. LISY (Pro Hac Vice) Skadden, Arps, Slate, Meagher & Flom LLP Attorneys for Defendants
STEPHEN A. WEISBROD (Pro Hac Vice)
AUGUST J. MATTEIS, JR. (Pro Hac Vice)
JOSHUA N. KATZ (Pro Hac Vice)
Weisbrod Matteis & Copley PLLC
1900 M Street NW, Suite 850
Washington, D.C. 20036
Telephone: (202) 499-7900
Facsimile: (202)478-1795
Email: sweisbrod@wmclaw.com
Email: amatteis@wmclaw.com
Email: jkatz@wmclaw.eom
Attorneys for Plaintiffs
Burnett v. Conseco Life Ins. Co. et al.
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE INITIAL
CASE MANAGEMENT CONFERENCE
TO JULY 19, 2013 OR AT THE
COURT'S CONVENIENCE
THEREAFTER
Pursuant to Civil Local Rule 7-12, Plaintiffs and Defendants respectfully submit this Stipulation And [Proposed] Order To Continue The Initial Case Management Conference To July 19, 2013 Or At The Court's Convenience Thereafter:
WHEREAS, the Burnett action (Burnett v. Conseco Life Insurance Co. et al.) was initially filed in the U.S. District Court for the Central District of California, subsequently transferred to this Court on November 20, 2012 by the Judicial Panel on Multidistrict Litigation and incorporated into the pending multidistrict litigation captioned In Re Conseco Insurance Company Lifetrend Insurance Sales And Marketing Litigation, No. 3:10-md-2124-SI ("Lifetrend MDL");
WHEREAS, an initial ease management conference was scheduled in the Burnett action for April 26, 2013 (Docket No. 453), and, pursuant a prior stipulation of the parties (Docket No. 480, was rescheduled for May 17, 2013 (Docket No. 481);
WHEREAS, case management issues in the Burnett action may be affected by the settlement in principle of the Brady class also pending in the Lifetrend MDL that has been reported to the Court (Docket No. 478);
WHEREAS, the settlement in principle of the Brady class is anticipated to be submitted to the Court for preliminary approval in the forthcoming weeks;
WHEREAS undersigned counsel for the Burnett Plaintiffs did not participate in negotiations of the settlement of the Brady class and has not yet been informed of its presently-confidential terms;
WHEREAS, counsel for all parties in the Burnett action have conferred and agree that, for scheduling reasons and to ensure that the initial case management conference in the Burnett action is as productive as possible, the initial case management conference in the Burnett action should take place on or after July 19, 2013;
IT IS THEREFORE STIPULATED AND AGREED, by and between the undersigned, as follows:
1. Subject to Court approval, the initial case management conference in the Burnett action shall be held on July 19, 2013 at a time convenient to the Court, or at a date and time thereafter that is convenient for the Court; and
2. The case management conference scheduled for May 17, 2013 shall be vacated.
Respectfully submitted,
____________
STEPHEN A. WEISBROD (Pro Hac Vice)
AUGUST J. MATTEIS, JR. (Pro Hac Vice)
JOSHUA N. KATZ (Pro Hac Vice)
Weisbrod Matteis & Copley PLLC
Attorneys for Plaintiffs
William Jeff Burnett and Joe H. Camp
_____________________
RAOUL D. KENNEDY (State Bar No. 40892)
Skadden, Arps, Slate, Meagher & Flom LLP
JAMES R. CARROLL (Pro Hac Vice)
DAVID S. CLANCY (Pro Hac Vice)
CHRISTOPHER A. LISY (Pro Hac Vice)
Skadden, Arps, Slate, Meagher & Flom LLP
Attorneys for Defendants
ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1
I, Stephen A. Weisbrod. am the ECF User whose ID and password are being used to file this Stipulation And Proposed Order. In compliance with Civil L.R. 5-1,1 hereby attest that 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 is true and correct. Executed this 10th day of May 2013, at Washington, D.C.
____________
Stephen A. Weisbrod
PURSUANT TO STIPULATION, IT IS SO ORDERED.
____________
Hon. Susan Illston
United States District Judge