STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE AND TO CONTINUE CASE MANAGEMENT

CONFERENCE; [PROPOSED] ORDER

521662.1

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THOMAS M. HERLIHY (SBN 83615)

JOHN T. BURNITE (SBN 162223)

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

525 Market Street, 17

th

Floor

San Francisco, CA 94105-2725

Tel.: (415) 433-0990

Fax: (415) 434-1370

Email: herlihy@wilsonelser.com

john.burnite@wilsonelser.com

Attorneys for Defendants

UNUM GROUP (formerly known as

UNUMPROVIDENT CORPORATION) and

THE PAUL REVERE LIFE INSURANCE COMPANY

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SEAN S. MAY, M.D.

Plaintiff,

vs.

UNUMPROVIDENT CORPORATION, THE

PAUL REVERE LIFE INSURANCE

COMPANY and UNUM GROUP, inclusive,

Defendants.

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Case No.: C09-01537 VRW (ADR)

STIPULATION TO EXTEND

RESPONSIVE PLEADING DEADLINE

AND TO CONTINUE CASE

MANAGEMENT CONFERENCE;

[PROPOSED] ORDER

Case 3:09-cv-01537-JSW Document 16 Filed 03/10/10 Page 1 of 3
-1-

STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE AND TO CONTINUE CASE MANAGEMENT

CONFERENCE; [PROPOSED] ORDER

Case No.: C09-01537VRW (ADR0

521662.1

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The parties, plaintiff Sean S. May, M.D. and defendants Unum Group (formerly known

as UnumProvident Corporation), and The Paul Revere Life Insurance Company are in the

process of discussing settlement, which may include setting an early mediation. Accordingly,

the parties, through their respective attorneys, respectfully request that the court approve this

stipulation and extend defendants’ responsive pleading deadline and the initial case management

conference.

Pursuant to Northern District Local Rule 6-1(a), the parties, hereby stipulate that

defendants shall have an extension to respond to the complaint from March 8, 2010 to May 10,

2010. In the alternative, if the CMC date is not continued, the parties stipulate that defendants’

responsive pleading shall be extended from March 8, 2010 to March 29, 2010.

The parties further stipulate to continue the Case Management Conference presently

scheduled for April 22, 2010 to June 24, 2010.

Good cause exists for the parties’ stipulation and proposed order insofar the continued

dates will promote the public policy of encouraging parties to explore early resolution of

litigation.

IT IS SO STIPULATED.

KNOX RICKSEN, LLP

Dated: March 8, 2010 By__________/s/_________________

Thomas E. Fraysse

Attorney for Plaintiff

SEAN S. MAY, M.D.

WILSON, ELSER, MOSKOWITZ, EDELMAN &

DICKER LLP

Dated: March 8, 2010 By__________/s/____________________

Thomas M. Herlihy

John T. Burnite

Attorney for Defendants

UNUM GROUP (formerly known as

UNUMPROVIDENT CORPORATION) and THE

PAUL REVERE LIFE INSURANCE COMPANY

Case 3:09-cv-01537-JSW Document 16 Filed 03/10/10 Page 2 of 3
-2-

STIPULATION TO EXTEND RESPONSIVE PLEADING DEADLINE AND TO CONTINUE CASE MANAGEMENT

CONFERENCE; [PROPOSED] ORDER

Case No.: C09-01537VRW (ADR0

521662.1

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ORDER

IT IS SO ORDERED that defendants shall have an extension to respond to the complaint

from March 8, 2010 to and including [March 29, 1010 or May 10, 2010]. It is further ordered

that the Case Management Conference is continued from April 22, 2010 to June 24, 2010.

Date: March ___, 2010 ___________________________________

VAUGHN R. WALKER

United States District Chief Judge

10 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Vaughn R Walker

Case 3:09-cv-01537-JSW Document 16 Filed 03/10/10 Page 3 of 3