Opinion
CASE NO. CV 10-02332MMC
11-15-2011
CATHRYN REID, Plaintiff, v. ACCREDO HEALTH GROUP, INC., a Delaware corporation; MEDCO HEALTH SOLUTIONS, INC.,aDelaware corporation; LINCOLN NATIONAL LIFE INSURANCE CO., an Indiana corporation; JEFFERSON PILOT FINANCIAL INSURANCE COMPANY, aNebraska corporation; SUN LIFE ASSURANCE COMPANY OF CANADA, a Canadian corporation as DOE 1; and DOES 2 to 25, inclusive, Defendants.
DONAHUE GALLAGHER WOODS LLP George J. Barron Attorneys for Plaintiff Cathryn Reid BARGER & WOLEN LLP Martin E. Rosen Dawn N. Valentine Attorneys for Defendants Lincoln National Life Insurance Co. and Jefferson Pilot Financial Insurance Company MORGAN, LEWIS & BOCKIUS LLP Nicole A. Diller Angel T. Lin Attorneys for Defendants Accredo Health, Inc. and Medco Health Solutions, Inc. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Mark Schmidtke Christopher M. Ahearn Attorneys for Defendants Sun Life Assurance Company Of Canada
GEORGE J. BARRON, #53117
JONATHAN MCNEIL WONG, #112224
DONAHUE GALLAGHER WOODS LLP
Attorneys at Law
Attorneys for Plaintiff
CATHRYN REID
STIPULATION, DECLARATION AND
[PROPOSED] ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE FROM
NOVEMBER 18,2011TO FEBRUARY 10,
2012 AND ORDER THEREON
Pursuant to Local Rule 6, this stipulation is made by and between plaintiff Cathryn Reid and defendants Accredo Health Group, Inc., Medco Health Solutions, Inc., Lincoln National Life Insurance Co., Jefferson Pilot Financial Insurance Company, and Sun Life Assurance Company of Canada, by and through their respective counsel of record, with respect to the following:
WHEREAS, on August 26, 2010, the parties filed a stipulation continuing the initial case management conference from September 3, 2010 to October 29, 2010, which the Court approved onAugust27, 2010;
WHEREAS, on October 29, 2010, the Court held an initial case management conference in this matter, which conference the Court continued to May 13, 2011;
WHEREAS, the parties filed a stipulation continuing the May 13, 2011 case management conference to June 10,2011, which the Court approved on April 11,2011;
WHEREAS, the parties filed a stipulation continuing the June 10, 2011 case management conference to August 26, 2011, which the Court approved on June 6,2011;
WHEREAS, the parties filed a stipulation continuing the August 26, 2011 case management conference to November 18,2011, which the Court approved on August 22, 2011;
WHEREAS, a primary reason for continuing the earlier case management conference was to allow sufficient time for plaintiff to make and complete the life insurance benefit claims herein. While significant progress has been made, those claims are not complete and more time is needed to do so, see Declaration of George J. Barron, attached hereto and incorporated herein by reference;
WHEREAS, the Defendants' stipulation for a continuance should not be construed as an admission with regard to the timeliness of any claim or appeal by the Plaintiff;
WHEREAS, the Defendants' stipulation for a continuance should not be construed as an admission with regard to the timeliness of any claim or appeal by the Plaintiff;
WHEREAS, counsel for all parties have discussed their availability and determined that all counsel can attend a case management conference on February 10, 2012; alternatively if that date is not convenient for the Court, all counsel can attend a case management conference on February 3, 2012;
NOW, THEREFORE, the parties hereby jointly request, and respectfully ask the Court to order, as follows:
That the case management conference be continued to February 10, 2012, with a joint case management conference statement due on or before February 3, 2012.
IT IS SO STIPULATED.
DONAHUE GALLAGHER WOODS LLP
George J. Barron
Attorneys for Plaintiff
Cathryn Reid
BARGER & WOLEN LLP
Martin E. Rosen
Dawn N. Valentine
Attorneys for Defendants
Lincoln National Life Insurance Co. and
Jefferson Pilot Financial Insurance Company
MORGAN, LEWIS & BOCKIUS LLP
Nicole A. Diller
Angel T. Lin
Attorneys for Defendants
Accredo Health, Inc. and
Medco Health Solutions, Inc.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Mark Schmidtke
Christopher M. Ahearn
Attorneys for Defendants
Sun Life Assurance Company Of Canada
ATTESTATION
Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has been obtained from each of the other signatories.
DONAHUE GALLAGHER WOODS LLP
George J. Barron
DECLARATION OF GEORGE J. BARRON
1. I am a partner at the law firm of Donahue Gallagher Woods LLP ("Donahue"), attorneys of record for plaintiff Cathryn Reid. I am licensed to practice law in the State of California and have been admitted to practice in the Northern District of California. I have direct and personal knowledge of the facts set forth in this declaration and, if called and sworn as a witness, I would competently testify to these facts.
2. A primary reason for continuing the earlier case management conference herein was to allow sufficient time for plaintiff to make and complete the life insurance benefit claims herein. While significant progress has been made, those claims are not complete and more time is needed to do so. One insurer did conclude there was life insurance coverage as recently as seven months before Mr. Reid's death, but continues to deny the claim. Specifically plaintiffs' claims were submitted to Defendants Lincoln/Jefferson and Sun Life; each claim was denied. Plaintiff appealed the Lincoln/Jefferson denial; that appeal was denied. Plaintiff has appealed that latter denial. Plaintiff appealed the Sun Life denial; that appeal is pending. Plaintiff also discovered a third insurance company with potential coverage, Prudential, and submitted a claim to that insurer; that claim was denied. Plaintiff will appeal that denial shortly.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and accurate.
Executed this 10th day of November, 2011, at Oakland, California.
George J. Barron
[PROPOSED] ORDER
Pursuant to stipulation, the Court hereby ORDERS as follows:
1. The case management conference is continued from November 18, 2011 to February 10 , 2012; and
2. The joint case management conference statement is due on or before February 3, 2012.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Honorable Maxine M. Chesney
United States District Court Judge