Opinion
No. C 09-02538 WHA.
February 3, 2010
ORDER RE STIPULATION TO CONTINUE BRIEFING SCHEDULE AND HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
This is an ERISA action challenging a denial of disability benefits. Because counsel for plaintiff is working a reduced schedule for health and personal reasons, the hearing on defendant's motion for summary judgment was continued from February 18 to February 25, 2010. The parties have now stipulated to continue the briefing schedule and the hearing in this matter by an additional week for the same given reason. The continuance is DENIED WITHOUT PREJUDICE. If they renew their motion, counsel for plaintiff should file a sworn declaration explaining in detail the reasons why he needs a continuance.
IT IS SO ORDERED.