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g:\docs\geb\dgeb2\orders for signature\atkinson v. metlife.doc 04-2010 GEB (JFM)

STIPULATION AND [PROPOSED] ORDER RESETTING HEARINGS ON CROSS-MOTIONS 

FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 

BARGER & WOLEN LLP 

650 CALIFORNIA STREET 

NINTH FLOOR 

SAN FRANCISCO, CA 94108

(415) 434-2800

Jesse S. Kaplan (103726) 

5441 Fair Oaks Blvd., Suite C-1 

Carmichael, CA 95608 

Telephone: (916) 488-3030 

Facsimile: (916) 489-9297 

Attorney for Plaintiff 

KERRY ATKINSON 

J. Russell Stedman (117130) 

Andrew R. Neilson (221694) 

BARGER & WOLEN LLP 

650 California Street, 9th Floor 

San Francisco, CA 94108 

Telephone: (415) 434-2800 

Facsimile: (415) 434-2533 

Attorneys for Defendants 

METROPOLITAN LIFE INSURANCE COMPANY, 

METLIFE DISABILITY and AT&T LONG TERM 

DISABILITY PLAN FOR MANAGEMENT 

EMPLOYEES 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA

KERRY ATKINSON, 

Plaintiff, 

vs. 

METROPOLITAN LIFE INSURANCE 

COMPANY, et al., 

Defendants. 

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CASE NO.: CIV-S 04-2010 GEB (JFM) 

STIPULATION AND [PROPOSED] 

ORDER RESETTING HEARINGS ON 

CROSS-MOTIONS FOR SUMMARY 

JUDGMENT OR, IN THE 

ALTERNATIVE, SUMMARY 

ADJUDICATION 

Hon. Garland E. Burrell 

Plaintiff KERRY ATKINSON and defendants METROPOLITAN LIFE INSURANCE 

COMPANY (“MetLife”), AT&T LONG TERM DISABILITY PLAN FOR MANAGEMENT 

EMPLOYEES and AT&T SHORT TERM DISABILITY PLAN FOR MANAGEMENT 

EMPLOYEES (collectively “Defendants”) submit the following stipulation and proposed order 

concerning the hearing on the parties’ Cross-motions for Summary Judgment or, in the Alternative, 

Summary Adjudication (hereinafter “cross-motions”), plaintiff’s filing of an Amended Complaint 

and defendants’ Answer to the amended complaint: 

Case 2:04-cv-02010-GEB -JFM Document 52 Filed 12/07/05 Page 1 of 3
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-2- 04-2010 GEB (JFM) 

STIPULATION AND [PROPOSED] ORDER RESETTING HEARINGS ON CROSS-MOTIONS 

FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 

BARGER & WOLEN LLP 

650 CALIFORNIA STREET 

NINTH FLOOR 

SAN FRANCISCO, CA 94108

(415) 434-2800

WHEREAS: The parties filed cross-motions on October 24, 2005. The hearing on the 

cross-motions was set for November 21, 2005. 

WHEREAS: In addition to her cross-motion, plaintiff also filed a Motion to Amend the 

Complaint on October 24, 2005. Other than adding the AT&T Short Term Disability Plan for 

Management Employees (the “Short Term Plan”) as a defendant, the proposed amended complaint 

is not substantively different from the original complaint filed in this action. Defendants did not 

oppose the Motion to Amend. 

WHEREAS: On November 16, 2005, the Court issued an Order ruling that the crossmotions will be deemed withdrawn upon the filing of the amended complaint, and re-setting the last 

hearing date on the cross-motions for January 9, 2006. 

WHEREAS: The parties agree that no further briefing is necessary with respect to the 

cross-motions because the amended complaint is not substantively different from the original 

complaint filed in this action and all the relevant issues have been fully briefed in the cross-motions 

on file. 

WHEREAS: Counsel for plaintiff will be out of the country on a family vacation from 

December 23, 2005 though January 12, 2006. 

Based on the foregoing, the parties stipulate to the following: 

1) Plaintiff will file the amended complaint by November 18, 2005; 

2) Defendants will file an answer to the amended complaint by December 2, 2005; 

3) The hearing on the parties cross-motions is continued to December 5, 2005. It is the 

parties’ understanding that this date is currently available on the Court’s calendar. In the 

alternative, the parties respectfully request that the court schedule the hearing for a date prior to 

December 26, 2005. 

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-3- 04-2010 GEB (JFM) 

STIPULATION AND [PROPOSED] ORDER RESETTING HEARINGS ON CROSS-MOTIONS 

FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 

BARGER & WOLEN LLP 

650 CALIFORNIA STREET 

NINTH FLOOR 

SAN FRANCISCO, CA 94108

(415) 434-2800

4) The parties will not re-file briefs or supporting documents in connection with the 

cross-motions, and agree to submit on the papers currently on file with the Court. 

DATED: ________________________ 

By: /s/ Jesse S. Kaplan 

Jesse S. Kaplan 

Attorney for Plaintiff 

KERRY ATKINSON 

DATED: ________________________ BARGER & WOLEN 

By: /s/ Jordan S. Altura 

Jordan S. Altura 

Attorneys for Defendants 

METROPOLITAN LIFE INSURANCE 

COMPANY, METLIFE DISABILITY, 

AT&T LONG TERM DISABILITY 

PLAN MANAGEMENT EMPLOYEES, 

AT&T CORP. AS PLAN 

ADMINISTRATOR FOR AT&T LONG 

TERM DISABILITY PLAN 

MANAGEMENT EMPLOYEES, 

STATE STREET BANK AND TRUST 

COMPANY AS TRUSTEE FOR THE 

AT&T LONG TERM DISABILITY 

PLAN’S BENEFITS TRUST 

IT IS SO ORDERED. * 

DATED: December 6, 2005 /s/ Garland E. Burrell, Jr. 

 GARLAND E. BURRELL, JR. 

 United States District Judge 

* This Order vacates the Order filed November 16, 2005. However, the final pretrial 

conference is re-set for March 6, 2006, at 2:30 p.m. 

Case 2:04-cv-02010-GEB -JFM Document 52 Filed 12/07/05 Page 3 of 3