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Stipulation re Mtn to Remand 1

Laurence F. Padway, #89314

Law Offices of Laurence F. Padway

1516 Oak Street, Suite 109

Alameda, California 94501

Telephone: (510)814-0680

Facsimile : (510)814-0650

Attorneys for plaintiff

Marylyn Beaver

Sedgwick, Detert, Moran and Arnold

Rebecca A. Hull, #99802

Cari A. Cohorn, #249056

rebecca.hull@sdma.com

cari.cohorn@sdma.com

One Market Plaza

Stuart Towner, 8th Floor

San Francisco, California 94501

Telephone: (415) 781-7900

Facsimile: (415) 781-2635

Attorneys for Defendant Kaiser Foundation

Health Plan Long Term Disability Plan and

Real Party in Interest Metropolitan Life Insurance 

Company

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARYLYN BEAVER, No. C09-02177 WHA

Plaintiff,

vs. STIPULATION AND [PROPOSED]

ORDER TO CONTINUE BRIEFING

BANK OF THE WEST SCHEDULE AND HEARING DATE

WELFARE BENEFITS PLAN, and ON DEFENDANT’S MOTION TO 

BANCWEST CORPORATION REMAND

WELFARE BENEFIT PLAN, 

Defendants. Hon. William H. Alsup

______________________________/

METROPOLITAN LIFE 

INSURANCE COMPANY,

Real Parties in Interest.

______________________________/

Case3:09-cv-02177-WHA Document36 Filed02/04/10 Page1 of 3

ORDER 

GRANTING-IN-PART 

DENYING STIPULATION

PARTIES' STIPULATED REQUEST 

TO EXTEND DEADLINES FOR 

MOTION TO REMAND

GRANTING IN PART

Case 3:09-cv-02177-WHA Document 37 Filed 02/04/10 Page 1 of 3
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Stipulation re Mtn to Remand 2

Whereas, Plaintiff's opposition to Defendant's motion to remand is due on February 4, 2010. 

A one week extension of time was previously granted; and

Whereas, counsel for plaintiff requires additional time because counsel for plaintiff is

working a reduced schedule for health and personal reasons; and

Whereas, due to the multiple extensions requested by plaintiff, the parties agree that for

judicial efficiency and economy, defendants' motion to remand should be heard concurrently with

defendants' motion for summary judgment scheduled for March 18, 2010;

Now, therefore, the parties stipulate to the following briefing schedule and hearing date:

February 25, 2010: Deadline for Plaintiff to file its opposition to Defendant's 

 Motion to Remand

March 4, 2010: Deadline for Defendant to file its Reply

March 18, 2010: Hearing Date

IT IS SO STIPULATED.

Dated: February 4, 2010

/s/_________________ /s/ ________________

Laurence F. Padway Rebecca A. Hull

Attorney for plaintiff Attorneys for Defendant and Real

Party in Interest

Case 3:09-cv-02177-WHA Document 37 Filed 02/04/10 Page 2 of 3 Case3:09-cv-02177-WHA Document36 Filed02/04/10 Page2 of 3
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Stipulation re Mtn to Remand 3

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Date: By: 

Honorable William H. Alsup

United States District Court Judge

Case3:09-cv-02177-WHA Document36 Filed02/04/10 Page3 of 3

February 4, 2010.

 The undersigned granted the parties' prior stipulated request to continue the briefing schedule 

and hearing date for the pending motion to remand. Once again, the parties have waited until the 

deadline for filing an opposition brief has nearly passed to request an additional three weeks to brief 

and argue this motion. The Court will not grant this extension, especially since granting the motion 

to remand would obviate any need to resolve the upcoming summary judgment motion. Plaintiff 

will have until 5:00 P.M. ON FRIDAY, FEBRUARY 5, 2010, to file an opposition brief. The deadline 

for the reply brief and the hearing date on this motion will remain unchanged. 

 IT IS SO ORDERED. 

Date: February 4, 2010. _____________________________________ 

 WILLIAM ALSUP 

 UNITED STATES DISTRICT COURT The parties' request to extend the briefing schedule by three weeks will not be granted. Plaintiff Inexplicably, the parties have again waited until the last moment to request an extension. ORDER

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:09-cv-02177-WHA Document 37 Filed 02/04/10 Page 3 of 3