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FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT 

Case No. CV 09-2288 CRB

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Glenn R. Kantor, State Bar No. 122643 

gkantor@kantorlaw.net 

Peter S. Sessions, State Bar No. 193301 

psessions@kantorlaw.net 

KANTOR & KANTOR LLP 

19839 Nordhoff Street 

Northridge, California 91324 

Telephone: (818) 886-2525 

Facsimile: (818) 350-6272 

Attorneys for Plaintiff 

ALICIA MACKEY 

Michele Ballard Miller, State Bar No. 104198 

mbm@millerlawgroup.com 

Katherine L. Kettler, State Bar No. 231586 

klk@millerlawgroup.com 

Jennifer A. Shy, State Bar No. 131074 

jas@millerlawgroup.com 

MILLER LAW GROUP P.C. 

111 Sutter Street, Suite 700 

San Francisco, CA 94104 

Telephone: (415) 464-4300 

Facsimile: (415) 464-4336

Attorneys for Defendant 

INTEL CORPORATION LONG TERM DISABILITY PLAN 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

ALICIA MACKEY, 

 Plaintiff, 

vs. 

AETNA LIFE INSURANCE COMPANY; INTEL 

TOTAL COMPENSATION AND BENEFIT 

PACKAGE; INTEL CORPORATION LONG 

TERM DISABILITY PLAN, 

 Defendants. 

 Case No. CV 09-2288 CRB 

FURTHER STIPULATION TO SET 

SCHEDULE FOR CROSS-MOTIONS FOR 

SUMMARY JUDGMENT; [PROPOSED] 

ORDER 

Case 3:09-cv-02288-CRB Document 37 Filed 07/08/10 Page 1 of 4
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FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT 

Case No. CV 09-2288 CRB 

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 The parties to this action, through their respective attorneys of record, hereby stipulate and 

agree to the following: 

1. This is an action for long term disability benefits under an employee welfare benefit 

plan regulated by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.

(“ERISA”); 

2. The Court has granted a prior request by the parties to extend the case deadlines (see 

Docket No. 33, “Amended Stipulation And Order Extending Case Deadlines,” December 31, 2009); 

3. In the Court’s December 31, 2009 order, the Court set a hearing date for the parties’ 

cross-motions for summary judgment of July 23, 2010, with motions to be filed by June 18, 2010; 

4. The parties participated in an early neutral evaluation (“ENE”) pursuant to the Court’s 

ADR procedures on December 14, 2009; 

5. While this matter was not resolved at the ENE session, the parties have conducted 

further settlement discussions since that session; 

6. On June 16, 2010, pursuant to the parties’ further stipulation (See Docket No. 35 

“Stipulation to Vacate Existing Case Deadlines and Order Vacating Case Deadlines”), the Court 

vacated the schedule for briefing and hearing the parties’ cross-motions for summary judgment, and 

ordered the parties to file a stipulation by July 2, 2010 updating the Court as to the parties’ intentions 

regarding the progress of this action; 

7. The parties continue to aggressively participate in settlement discussions and are 

pursuing various alternative dispute resolution options; 

8. The parties have not yet resolved the procedural details of how these options would 

proceed, or under what conditions; 

9. If the matter is not resolved pursuant to those discussions, the parties need sufficient 

time to resolve anticipated discovery disputes and prepare their respective Cross-Motions for 

Summary Judgment, opposition and reply briefs; 

Therefore, the parties agree that, in order to accomplish these goals, the Court should further continue 

the date set for hearing on the parties’ Cross-Motions for Summary Judgment, as well as all 

Case 3:09-cv-02288-CRB Document 37 Filed 07/08/10 Page 2 of 4
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FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT 

Case No. CV 09-2288 CRB 

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associated deadlines, including the deadlines for the filing of the parties’ opposition and reply briefs, 

and the date scheduled for the next Case Management Conference to be set by the Court, as follows: 

Last day for parties to file and serve cross-motions for summary judgment: 

 January 14, 2011 

Last day for parties to file and serve opposition briefs: 

January 28, 2011 

Last day for parties to file and serve reply briefs: 

February 4, 2011 

Hearing on parties’ cross-motions for summary judgment: 

February 18, 2011 at 10:00 a.m. 

Case management conference: 

 _______________________, 2011, at _______________ 

Good cause exists for this scheduling of the hearing on the parties’ cross-motions for 

summary judgment, and all related deadlines, as set forth above. 

IT IS SO STIPULATED: 

Dated: July 2, 2010 MILLER LAW GROUP 

A Professional Corporation 

By: /S/ Katherine L. Kettler

 Katherine L. Kettler 

Attorneys for Defendant INTEL 

CORPORATION LONG TERM 

DISABILITY PLAN 

Dated: July 2, 2010 KANTOR & KANTOR 

By: /S/ Peter S. Sessions

 Peter S. Sessions 

Attorneys for Plaintiff ALICIA MACKEY 

 February 18 10:00 a.m.

Case 3:09-cv-02288-CRB Document 37 Filed 07/08/10 Page 3 of 4
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FURTHER STIPULATION TO SET SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT 

Case No. CV 09-2288 CRB 

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 [PROPOSED] ORDER

 

Pursuant to the parties’ stipulation, and good cause shown, the scheduling of the hearing on 

the parties’ cross-motions for summary judgment is set as follows: 

Last day for parties to file and serve cross-motions for summary judgment: 

 January 14, 2011 

Last day for parties to file and serve opposition briefs: 

January 28, 2011 

Last day for parties to file and serve reply briefs: 

February 4, 2011 

Hearing on parties’ cross-motions for summary judgment: 

February 18, 2011 at 10:00 a.m. 

Case management conference: 

 _______________________, 2011, at _______________ 

 It is so ordered. 

Dated: , 2010 

 The Honorable Charles R. Breyer 

 United States District Court Judge 

 July 8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-02288-CRB Document 37 Filed 07/08/10 Page 4 of 4