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– 1 – DOCSOAK-9781928.1-ECHERN 7/5/05 2:34 PM

STIPULATION AND [PROPOSED] ORDER RE: HEARING ON MOTION FOR SUMMARY ADJUDICATION 

AND PRE-TRIAL CONFERENCE 

Robert D. Phillips, Jr. (SBN 82639) 

Eugenia S. Chern (SBN 215092) 

REED SMITH LLP

1999 Harrison Street, Suite 2400 

Oakland, CA 94612-3572 

Mailing Address:

P.O. Box 2084 

Oakland, CA 94604-2084 

Telephone: 510.763.2000 

Facsimile: 510.273.8832 

Attorneys for Defendant 

Minnesota Life Insurance Company, 

erroneously sued as Minnesota Mutual Life 

Insurance Company 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

ALLEN WALL, 

Plaintiff, 

vs. 

MINNESOTA MUTUAL LIFE INSURANCE 

COMPANY, 

Defendant. 

Case No. CIV.S-04-1314 WBS DAD 

STIPULATION AND [PROPOSED] ORDER 

TO CONTINUE HEARING ON MOTION 

FOR SUMMARY ADJUDICATION AND 

PRE-TRIAL CONFERENCE 

 

Case 2:04-cv-01314-WBS-DAD Document 20 Filed 07/06/05 Page 1 of 3
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– 2 – DOCSOAK-9781928.1-ECHERN 7/5/05 2:34 PM

STIPULATION AND [PROPOSED] ORDER RE: HEARING ON MOTION FOR SUMMARY ADJUDICATION 

AND PRE-TRIAL CONFERENCE 

TO THE HONORABLE WILLIAM B. SHUBB, UNITED STATES DISTRICT COURT 

JUDGE: 

The parties to this action, plaintiff Allen Wall (“plaintiff”) and defendant Minnesota Life 

Insurance Company, erroneously sued as Minnesota Mutual Life Insurance Company (“Minnesota 

Life”), through their respective counsel of record, hereby stipulate and request that: (1) the hearing 

on Minnesota Life’s Motion for Summary Adjudication, originally set for July 25, 2005, be 

continued until August 8, 2005; (2) the deadlines to file any opposition and reply to the Motion be 

re-set in accordance with the new hearing date; and (3) the Pre-Trial Conference currently set for 

August 29, 2005, be re-set for September 12, 2005. 

Good cause exists for granting the continuance. Based on the current hearing date of July 

25, 2005, plaintiff’s opposition to the Motion and Minnesota Life’s reply to the motion are due on 

July 8 and 18, respectively. Plaintiff’s counsel will be out of town and unavailable until July 13, 

2005. As such, plaintiff would not be able to prepare his opposition by the July 8 due date, and 

Minnesota Life would not have adequate time to prepare its reply. Accordingly, the parties request a 

continuance of the hearing date and the respective deadlines to allow the parties adequate time to 

prepare their papers. 

Moreover, the Pre-Trial Conference is currently set for August 29, 2005. Lead trial counsel 

for Minnesota Life is set to attend a hearing in Los Angeles on a motion for class certification in 

another matter on that same date. Minnesota Life’s counsel contacted plaintiff’s counsel regarding a 

continuance of the Pre-Trial Conference, and plaintiff’s counsel had no objections. In addition, 

Minnesota Life’s counsel was also advised by the Court that Judge Shubb would be unavailable on 

August 29, 2005, and the next available date for Pre-Trial Conference is September 12, 2005. The 

parties would further request that the deadlines regarding the submission of pre-trial statements also 

be re-set in accordance with the new Pre-Trial Conference date. 

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STIPULATION AND [PROPOSED] ORDER RE: HEARING ON MOTION FOR SUMMARY ADJUDICATION 

AND PRE-TRIAL CONFERENCE 

There are no other pretrial dates that will be affected by the requested continuance. 

Moreover, the parties have not previously sought or obtained any continuances in this matter. 

DATED: July 1, 2005. 

By /s/ James L. Bianchi___________________

James L. Bianchi 

Attorney for Plaintiff Allen Wall 

DATED: July 1, 2005. 

REED SMITH LLP

By /s/ Eugenia S. Chern___________________

Eugenia S. Chern 

Attorneys for Defendant 

Minnesota Life Insurance Company, erroneously 

sued as Minnesota Mutual Life Insurance Company 

PURSUANT TO STIPULATION, IT IS SO ORDERED: 

Upon reading the above Stipulation, and good cause appearing, the hearing date on 

Minnesota Life’s Motion for Summary Adjudication is continued from July 25, 2005 until August 8, 

2005 at 1:30 p.m. in Courtroom 5. Any opposition and reply to Minnesota Life’s motion are to be 

filed and served in accordance with Local Rule 78-230(c) and (d), and the new hearing date. 

Moreover, the Pre-Trial Conference, originally set for August 29, 2005, is continued to September 

12, 2005 at 10:00 a.m. in Courtroom 5. The parties’ pre-trial statements are to be filed and served in 

accordance with Local Rules 16-281 and 16-282 and the new Pre-Trial Conference date. 

Dated: July 5, 2005 

 

Case 2:04-cv-01314-WBS-DAD Document 20 Filed 07/06/05 Page 3 of 3