STIPULATION TO CONINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No. C 09-01661 MHP

WEINBERG, ROGER &

ROSENFELD

A Professional Corporation

1001 Marina Village Parkway

Suite 200

Alameda, CA 94501-1091

510.337.1001

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BARRY E. HINKLE, Bar No. 071223

LINDA BALDWIN JONES, Bar No. 178922

NICOLE M. PHILLIPS, Bar No. 203786

WEINBERG, ROGER & ROSENFELD

A Professional Corporation

1001 Marina Village Parkway, Suite 200

Alameda, California 94501-1091

Telephone: (510) 337-1001

Facsimile: (510) 337-1023

Attorneys for Plaintiff

BRADLEY J. BETLACH (Admitted Pro Hac Vice)

HALLELAND LEWIS NILAN & JOHNSON, PA

600 U.S. Bank Plaza South

220 South Sixth Street

Minneapolis, Minnesota 55402

Telephone: (612) 338-1838

Facsimile: (612) 338-7858

Email: bbetlach@halleland.com

THOMAS M. HERLIHY (SBN 83615)

CATHERINE GREGORY (SBN 242006)

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

525 Market Street, 17th Floor

San Francisco, California 94105

Telephone: (415) 433-0990

Facsimile: (415) 434-1370

Email: thomas.herlihy@wilsonelser.com

Email: catherine.gregory@wilsonelser.com

Attorneys for Defendant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OPERATING ENGINEERS PUBLIC AND

MISCELLANEOUS EMPLOYEES HEALTH

AND WELFARE TRUST FUND,

Plaintiff,

vs.

RELIASTAR LIFE INSURANCE COMPANY

and DOES 1 through 10,

Defendants.

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Case No. C 09-01661 MHP

STIPULATION TO CONTINUE

FURTHER CASE MANAGEMENT

CONFERENCE; [PROPOSED]

ORDER CONTINUING FURTHER

CASE MANAGEMENT

CONFERENCE

Date: January 11, 2010

Time: 3:00 p.m.

Courtroom: 18thth Floor

Case 3:09-cv-01661-MHP Document 23 Filed 01/04/10 Page 1 of 3
STIPULATION TO CONINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No. C 09-01661 MHP

WEINBERG, ROGER &

ROSENFELD

A Professional Corporation

1001 Marina Village Parkway

Suite 200

Alameda, CA 94501-1091

510.337.1001

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Plaintiff and Defendant hereby stipulate as follows:

On July 29, 2009, the Court signed an order referring the parties to court-sponsored

mediation, to be completed by October 27, 2009. An Initial Case Management Conference was

held on August 13, 2009, wherein the Court ordered that the parties complete preliminary

discovery in preparation for mediation by December 12, 2009. A Further Case Management

Conference was set for January 11, 2010.

The parties were able to complete preliminary discovery by December 12, 2009. They

were, however, unable to schedule the mediation prior to January 11, 2010, due to the schedules of

the parties’ representatives, counsel and the mediator. The mediation is now scheduled for January

19, 2010, with private mediator Susan M. Popik. Because the parties selected private mediation,

the parties respectfully request by stipulation that the Court remove the case from court-sponsored

mediation and refer it to private mediation.

The parties also respectfully request by stipulation that the Further Case Management

Conference scheduled for January 11, 2010, be continued for at least 45 days to give the parties

time to attempt to settle this matter. If the matter does not settle by then, the parties will be

prepared to enter into a case management schedule and recommence discovery.

Dated: December 22, 2009

WEINBERG, ROGER & ROSENFELD

A Professional Corporation

By: s/Nicole M. Phllips

 NICOLE M. PHILLIPS

 Attorneys for Plaintiffs

Dated: December 22, 2009

HALLELAND LEWIS NILAN & JOHNSON, PA

By: s/Bradley J. Betlach

 BRADLEY J. BETLACH

Attorneys for Defendant

Case 3:09-cv-01661-MHP Document 23 Filed 01/04/10 Page 2 of 3
STIPULATION TO CONINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No. C 09-01661 MHP

WEINBERG, ROGER &

ROSENFELD

A Professional Corporation

1001 Marina Village Parkway

Suite 200

Alameda, CA 94501-1091

510.337.1001

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[PROPOSED] ORDER

The parties’ Stipulation to Continue Further Case Management Conference is hereby

adopted by the Court. The case shall be removed from court-sponsored mediation and referred to

private mediation. The Further Case Management Conference on January 11, 2010, has been

continued until ___________________________.

The Court also orders the following:

_________________________________________

HONORABLE MARILYN HALL PATEL

UNITED STATES DISTRICT JUDGE

March 1, 2010 at 3:00 p.m.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

Case 3:09-cv-01661-MHP Document 23 Filed 01/04/10 Page 3 of 3