Opinion
CASE NO.: 3:10-MD-02124-SI (EDL)
11-29-2011
IN RE CONSECO LIFE INSURANCE COMPANY LIFETREND INSURANCE SALES AND MARKETING LITIGATION
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 Defendant Conseco Life Insurance Company
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 Defendant
Conseco Life Insurance Company
STIPULATION AND PROPOSED ORDER CONCERNING THE BRIEFING SCHEDULE OF AND HEARING ON PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF EMAILS
Pursuant to Civil Local Rules 6-2 and 7-12, plaintiffs Cedric Brady, Dr. Charles Hovden, Dr. Marion Hovden, Dr. Eugene Kreps, Dr. John McNamara, Dr. Hisaji Sakai and Bill W. McFarland ("Plaintiffs") and defendant Conseco Life Insurance Company ("Conseco Life") respectfully submit this Stipulation And Proposed Order Concerning The Briefing Schedule Of And Hearing On Plaintiffs' Motion To Compel The Production Of Emails.
WHEREAS, on November 10, 2011, Plaintiffs filed their Motion To Compel The Production Of Emails (Docket No. 230) ("Motion To Compel");
WHEREAS, Conseco Life's opposition to the Motion To Compel is due on November 28, 2011 and Plaintiffs' reply is due on December 5, 2011;
WHEREAS, the Motion To Compel is scheduled for hearing on December 20, 2011;
WHEREAS, because counsel for Conseco Life have certain conflicts with this schedule, counsel for Plaintiffs and Conseco Life have conferred and agree upon a modified briefing schedule and hearing date;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned as follows:
1. Conseco Life may file its opposition to Plaintiffs' Motion To Compel no later than December 1, 2011;
2. Plaintiffs may file their reply no later than December 8, 2011; and
3. A hearing on Plaintiffs' Motion To Compel may be scheduled for January 10, 2012, or at another time as the Court's schedule may permit.
Gilbert LLP
Craig Litherland
Lead Counsel For Plaintiffs
Skadden, Arps, Slate, Meagher & Flom LLP
Christopher A. Lisy
Raoul D. Kennedy
James R. Carroll (Admitted Pro Hac Vice)
David S. Clancy (Admitted Pro Hac Vice)
Christopher A. Lisy (Admitted Pro Hac Vice)
Attorneys for Defendant
Conseco Life Insurance Company
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Christopher A. Lisy, am the ECF User whose ID and password are being used to file this Stipulation And Proposed Order. In compliance with General Order 45.X.B, I 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 28th day of November, 2011, at Boston, Massachusetts.
By: ____________
Christopher A. Lisy
PURSUANT TO STIPULATION, IT IS SO ORDERED,
By: ____________
Hon. Elizabeth D. Laporte