Opinion
Case No. CV10-4745 LHK
11-04-2011
CONRAD MINSHALL, Plaintiff, v. NETWORK APPLIANCE, INC. EMPLOYEE BENEFIT PLAN, and STANDARD INSURANCE COMPANY, Defendants.
CHARLES B. PERKINS FLYNN, ROSE & PERKINS CHARLES B. PERKINS Attorney for Plaintiff CONRAD MINSHALL BUCHANAN ANGELI ALTSCHUL & SULLIVAN LLP Andrew Altschul Attorneys for Defendants NETWORK APPLIANCE, INC EMPLOYEE BENEFIT PLAN and STANDARD INSURANCE COMPANY
CHARLES B. PERKINS #126942
FLYNN, ROSE & PERKINS
Attorney for Plaintiff
CONRAD MINSHALL
ANDREW ALTSCHUL (SBN 226008)
BUCHANAN ANGELI ALTSCHUL & SULLIVAN LLP
Attorneys for Defendants
NETWORK APPLIANCE, INC. EMPLOYEE
BENEFIT PLAN and STANDARD INSURANCE
COMPANY
STIPULATION AND ORDER CONTINUING
BENCH TRIAL AND BRIEFING SCHEDULE
AS MODIFIED BY THE COURT
TRIAL DATE: January 12, 2012
DEPT: Courtroom 4, 4th Floor
JUDGE: Honorable Lucy H. Koh
WHEREAS, the Court set Motions for Adjudication to be heard in this matter January 12, 2012, with Opening Briefs due November 23, 2011;
WHEREAS, the Plaintiff is scheduled for hip replacement surgery during the briefing schedule for the Motions for Adjudication and so will be unavailable to consult with counsel during part of the briefing schedule and otherwise assist his counsel;
WHEREAS, counsel for Plaintiff has just recently had a recurrence of a medical condition which has and will cause a loss of time and ability to focus in the short term, and which causes a need for Plaintiff's counsel to reduce his workload for the next few months;
WHEREAS, Defendants are not prejudiced by a continuance; and
WHEREAS, no continuations have previously been requested in this case;
THEREFORE, the parties, by their attorneys of record, hereby stipulate that the Motions for Adjudication hearing, currently scheduled for January 12, 2012, be continued until on or about March 15, 2012, with the briefing schedule similarly continued.
IT IS SO STIPULATED.
FILER'S ATTESTATION:
Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under
penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.
CHARLES B. PERKINS
FLYNN, ROSE & PERKINS
CHARLES B. PERKINS
Attorney for Plaintiff
CONRAD MINSHALL
BUCHANAN ANGELI ALTSCHUL
& SULLIVAN LLP
Andrew Altschul
Attorneys for Defendants
NETWORK APPLIANCE, INC EMPLOYEE BENEFIT
PLAN and STANDARD INSURANCE COMPANY
ORDER
Having considered the Stipulation of the parties, it is hereby ordered that the hearing for Motions for Adjudication in this matter, currently scheduled for January 12, 2012, is hereby continued to March 15, 2012, at 1:30 p.m, to last approximately 2 hours.
Although the Civil Local Rules have changed such that the briefing schedule is calculated from the filing of the opening brief instead of the hearing date, see Civil L.R. 7-2, in light of Plaintiff's and Plaintiff's counsel's medical conditions, the Court sets the following briefing schedule:
Opening briefs due February 9, 2012.
Opposition briefs due February 23, 2012.
Reply briefs due March 1, 2012.
IT IS SO ORDERED.
THE HONORABLE LUCY H. KOH
U.S. District Court Judge