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Rowell v. Aviza Tech. Health & Welfare Plan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 7, 2011
Case No. 5:10-CV-05656-PSG (N.D. Cal. Nov. 7, 2011)

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


Summaries of

Rowell v. Aviza Tech. Health & Welfare Plan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 7, 2011
Case No. 5:10-CV-05656-PSG (N.D. Cal. Nov. 7, 2011)
Case details for

Rowell v. Aviza Tech. Health & Welfare Plan

Case Details

Full title:MARK ROWELL, Plaintiff, v. AVIZA TECHNOLOGY HEALTH AND WELFARE PLAN and…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 7, 2011

Citations

Case No. 5:10-CV-05656-PSG (N.D. Cal. Nov. 7, 2011)