Opinion
Case No: 1:11-CV-00722-AWI-JLT
10-07-2011
REVERAND ALBERTA TETZLAFF, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.
DARRASLAW FRANK N. DARRAS LISSA A. MARTINEZ SUSAN B. GRABARSKY Attorneys for Plaintiff REVERAND ALBERTA TETZLAFF BARGER & WOLEN LLP ROYAL F. OAKES MICHAEL A.S. NEWMAN JAMES C. CASTLE Attorneys for Defendant METROPOLITAN LIFE INSURANCE COMPANY
FRANK N. DARRAS #128904,
LISSA A. MARTINEZ #206994,
SUSAN B. GRABARSKY #203004,
DARRASLAW
Attorneys for Plaintiff
REVERAND ALBERTA TETZLAFF
Royal F. Oakes #080480,
Michael A.S. Newman #205299,
James C. Castle #235551,
BARGER & WOLEN LLP
Attorneys for Defendant
METROPOLITAN LIFE INSURANCE COMPANY
[TELEPHONIC APPEARANCE REQUESTED]
STIPULATION TO ADVANCE MANDATORY SCHEDULING
CONFERENCE; AND (PROPOSED) ORDER
Place: Bakersfield Federal Court
TO THE HONORABLE COURT AND TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:
Plaintiff REVERAND ALBERTA TETZLAFF (hereinafter "Plaintiff" or "Reverand Tetzlaff") and Defendant METROPOLITAN LIFE INSURANCE COMPANY (hereinafter "Defendant" or "MetLife"), by and through their respective counsel of record, hereby stipulate and respectfully request that the Scheduling Conference currently scheduled for October 27, 2011, in this matter be advanced one (1) day. Counsel for Plaintiff is not available on that date due to a previously scheduled pre-paid mediation set in Northern California in another federal court case. The parties are agreeable that this matter may be advanced one day to the mutually convenient date of October 26, 2011.
If the Court approves the parties' Stipulation and Request for Advance, the parties propose the following date (or a date thereafter as may be convenient to the Court):
• Scheduling Conference Date October 26, 2011; 9:00 a.m.
Good cause exists to grant the parties' request for advance based on the following grounds:
1. The above captioned action was filed in the Superior Court of the State of California, for the County of Bakersfield, on March 8, 2011 and served on April 6, 2011. The case involves disputes regarding benefits under a disability policy.
2. On May 5, 2011, Defendant removed this action to the United States District Court, Eastern District of California.
3. In it's May 5, 2011, Order Setting Scheduling Conference the Court set the Mandatory Scheduling Conference date for October 27, 2011.
4. On June 28, 2011, Defendant filed an answer to Plaintiff's complaint.
5. In it's September 14, 2011, Order of Reassignment the Court reassigned the case to Magistrate Judge Thurston due to the impending retirement of Judge Oliver Wanger and vacated all scheduled hearing dates.
6. On September 15, 2011, counsel for Plaintiff filed a decline of jurisdiction of United Magistrate Judge.
7. In it's September 16, 2011, Notice the Court reassigned this matter to the Honorable Andrew W. Ishii.
8. In it's September 19, 2011, Order the Court reset the Mandatory Scheduling Conference for October 27, 2011, at 9:00 a.m.
9. Counsel for Plaintiff is not available on October 27, 2011 due to a previously scheduled pre-paid mediation set in Northern California in another federal court case. The parties are agreeable that this matter may be advanced one day to the mutually convenient date of October 26, 2011, at 9:00 a.m.
For all the stated reasons above, IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel of record, and it is respectfully requested that the Court permit and enter an Order to advance the Scheduling Conference currently set for October 27, 2011 one day to the date set forth herein.
DARRASLAW
FRANK N. DARRAS
LISSA A. MARTINEZ
SUSAN B. GRABARSKY
Attorneys for Plaintiff
REVERAND ALBERTA TETZLAFF
BARGER & WOLEN LLP
ROYAL F. OAKES
MICHAEL A.S. NEWMAN
JAMES C. CASTLE
Attorneys for Defendant
METROPOLITAN LIFE
INSURANCE COMPANY
ORDER
IT IS SO ORDERED. The Mandatory Scheduling Conference is being advanced from October 27, 2011, to October 26, 2011, at 9:00 a.m. IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE