Opinion
Case No. 5:10-CV-05656-PSG
11-07-2011
MARK ROWELL, Plaintiff, v. AVIZA TECHNOLOGY HEALTH AND WELFARE PLAN and HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendants.
BURKE, WILLIAMS & SORENSEN, LLP Michael B. Bernacchi (SBN 163657) Attorneys for Defendants Hartford Life and Accident Insurance Company and Aviza Technology Health and Welfare Plan
BURKE, WILLIAMS & SORENSEN, LLP
Michael B. Bernacchi (SBN 163657)
Attorneys for Defendants
Hartford Life and Accident Insurance Company
and Aviza Technology Health and Welfare Plan
STIPULATION TO CONTINUE RULE 52 MOTION BRIEFING AND HEARING; [PROPOSED] ORDER
Hon. Paul S. Grewal
Plaintiff, Mark Rowell, and Defendants, Aviza Technology Health and Welfare Plan and Hartford Life and Accident Insurance Company ("Hartford"), by and through their respective attorneys of record, stipulate to the following:
WHEREAS, the Court heard a motion to compel discovery responses on October 18, 2011;
WHEREAS, the Court issued its ruling on the discovery motion on October 31, 2011. In that discovery order, the Court ruled that Hartford is to produce certain information by November 18, 2011;
WHEREAS, Hartford's home office has apparently been closed this week due to weather conditions and outside counsel has not been able to have a meaningful discussion about the discovery order with his client, including as to whether it can even comply with the Court's order by November 18, 2011;
WHEREAS, the parties currently have opening briefs due on November 7, 2011, opposition briefs due on November 21, 2011, and a hearing on the administrative record on December 12, 2011;
WHEREAS, the parties believe they will need additional time to respond to the Court's order regarding discovery before filing their briefs in this matter and that Plaintiff's counsel will be out of the country from December 19, 2011 through December 31, 2011;
WHEREFORE, the parties hereby stipulate and respectfully request an order from the Court continuing the Rule 52 Motion briefing schedule and hearing as follows:
Cross Opening Briefs on Rule 52 Motion: January 10, 2012
Cross Opposition Briefs on Rule 52 Motion: January 24, 2012
Hearing on Rule 52 Motion: February 7, 2012 at 9:30 a.m.
IT IS SO STIPULATED.
The Law Office of Steven M. Chabre
Steven M. Chabre
chabre66@yahoo.com
Attorneys for Plaintiff Mark Rowell
Burke, Williams & Sorensen, LLP
Michael B. Bernacchi
mbernacchi@bwslaw.com
Attorneys for Defendants
Hartford Life and Accident Insurance
Company and Aviza Technology Health and Welfare Plan
ORDER
Upon consideration of the parties' stipulation, IT IS HEREBY ORDERED that the Rule 52 Motion briefing schedule and hearing dates are continued as follows:
Cross Opening Briefs on Rule 52 Motion: January 10, 2012
Cross Opposition Briefs on Rule 52 Motion: January 24, 2012
Hearing on Rule 52 Motion: February 13, 2012 at 9:00 a.m.
IT IS SO ORDERED.
Hon. Paul S. Grewal
United States Magistrate Judge