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Dutra v. Aetna, Inc., 2:17-cv-02681-KJM-EFB. (2018)

Court: District Court, E.D. California Number: infdco20180321956 Visitors: 26
Filed: Mar. 20, 2018
Latest Update: Mar. 20, 2018
Summary: STIPULATION TO CONTINUE AETNA'S DEADLINE TO RESPOND TO COMPLAINT; [PROPOSED] ORDER EDMUND F. BRENNAN , Magistrate Judge . TO THE HONORABLE COURT: The parties hereto, Plaintiff ALEX JOHN DUTRA ("Plaintiff") and Defendant AETNA, INC. ("Aetna"), hereby stipulate as follows: WHEREAS, Plaintiff filed his Complaint in this Court on December 22, 2017. WHEREAS, this action, and Plaintiff's claim for short-term disability ("STD") benefits from which it arises, are governed by the Employee R
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STIPULATION TO CONTINUE AETNA'S DEADLINE TO RESPOND TO COMPLAINT; [PROPOSED] ORDER

TO THE HONORABLE COURT:

The parties hereto, Plaintiff ALEX JOHN DUTRA ("Plaintiff") and Defendant AETNA, INC. ("Aetna"), hereby stipulate as follows:

WHEREAS, Plaintiff filed his Complaint in this Court on December 22, 2017.

WHEREAS, this action, and Plaintiff's claim for short-term disability ("STD") benefits from which it arises, are governed by the Employee Retirement Income Security Act of 1974, 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq. ("ERISA").

WHEREAS, the Initial Case Management Conference in this action is currently set for June 6, 2018, at 10:00 a.m. before U.S. Magistrate Judge Edmund F. Brennan.

WHEREAS, Plaintiff served a copy of the Summons and Complaint on February 23, 2018.

WHEREAS, Aetna's deadline to file a response to Plaintiff's Complaint is March 16, 2018.

WHEREAS, Aetna is currently conducting an administrative review of Plaintiff's separate claim for long term disability benefits ("LTD"), and expects to render its decision within the next 30-60 days.

WHEREAS, the outcome of the LTD claim, whether the claim is approved or denied, will significantly impact the claims at issue in this action.

WHEREAS, the Parties agree it would preserve party and judicial resources to continue the deadline for Aetna to respond to the complaint pending determination on the LTD claim.

WHEREAS, the Parties agree to extend Aetna's deadline to file a response to the Complaint until May 15, 2018, to allow Aetna to complete its review of the administrative appeal and render a final decision on the LTD claim.

WHEREAS, this continuance will not impact any deadline set by the Court and will permit the Parties to meet and confer sufficiently in advance of the June 6, 2018 Initial Status Conference and timely submit their status reports.

IT IS HEREBY STIPULATED by and between Plaintiff and Aetna that the deadline for Aetna to respond to the Complaint is extended up to May 15, 2018.

[PROPOSED] ORDER

Pursuant to the foregoing Stipulation to Continue Aetna's Deadline to Respond to Complaint, and Good Cause appearing therefor, the Court hereby continues Aetna's deadline to Dated: May 15, 2018.

Source:  Leagle

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