Opinion
CASE NO. 10-CV-00835-LJQ-SKO
09-13-2011
ROY C. JOHNSON, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA; KELLOGG BROWN & ROOT (CALIFORNIA), INC. LONG TERM DISABILITY PLAN; and KELLOGG BROWN & ROOT (CALIFORNIA), INC. LIFE PLAN, Defendants.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP SEAN P. NALTY SHIVANI NANDA Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA, KELLOGG BROWN & ROOT (CALIFORNIA), INC. LONG TERM DISABILITY PLAN; and KELLOGG BROWN & ROOT (CALIFORNIA), INC. LIFE PLAN DARRASLAW LISSA A. MARTINEZ Attorneys for Plaintiff ROY C. JOHNSON
SEAN P. NALTY (SBN 121253)
SHIVANI NANDA (SBN 253891) WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
Attorneys for Defendants
LIFE INSURANCE COMPANY OF NORTH AMERICA;
KELLOGG BROWN & ROOT (CALIFORNIA), INC.
LONG TERM DISABILITY PLAN; and KELLOGG
BROWN & ROOT (CALIFORNIA), INC. LIFE PLAN
FRANK N. DARRAS (SBN 128904)
LISSA A. MARTINEZ (SBN 206994)
Attorneys for Plaintiff
ROY C. JOHNSON
STIPULATION AND PROPOSED ORDER CONTINUING BRIEFING SCHEDULE
IT IS HEREBY STIPULATED, pursuant to Local Rule 144, by and between plaintiff Roy C. Johnson, and defendants Life Insurance Company of North America, Kellogg Brown & Root (California), Inc. Long Term Disability Plan, and Kellogg Brown & Root (California), Inc. Life Plan, through their attorneys of record, as follows:
WHEREAS, this case concerns an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974. Plaintiff seeks long term disability benefits under the plan and a life insurance premium waiver;
WHEREAS, the Scheduling Order (See Docket No. 16) provides the following trial brief schedule:
• Initial trial briefs no later than September 23, 2011;
Responsive trial briefs no later than October 7, 2011;
• Bench trial on the administrative record October 24, 2011 at 8:30 a.m.
WHEREAS, the parties are actively involved in settlement negotiations and believe that the current scheduling order should be modified to allow for settlement negotiations to proceed and to avoid unnecessary litigation costs;
WHEREAS, the parties propose that the trial briefing schedule be modified as follows:
• Initial trial briefs no later than October 21, 2011;
• Responsive trial briefs no later than November 4, 2011;
• Bench trial on the administrative record November 25, 2011 at 8:30 a.m.
THEREFORE, it is hereby stipulated between the undersigned parties, through their counsel of record that the trial briefing schedule may be continued as set forth above, subject to approval by the Court.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
SEAN P. NALTY
SHIVANI NANDA
Attorneys for Defendants
LIFE INSURANCE COMPANY OF
NORTH AMERICA, KELLOGG BROWN & ROOT
(CALIFORNIA), INC. LONG TERM DISABILITY
PLAN; and KELLOGG BROWN & ROOT
(CALIFORNIA), INC. LIFE PLAN
DARRASLAW
LISSA A. MARTINEZ
Attorneys for Plaintiff
ROY C. JOHNSON
ORDER
This Court ORDERS:
1. The parties to file and serve opening trial briefs not later than October 21, 2011;
2. The parties to file and serve responding trial briefs no later than November 4, 2011; and
3. Sets a bench trial on the administrative record for November 21, 2011 at 8:30 a.m. in Department 4 (LJO).
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE