Filed: Jan. 31, 2013
Latest Update: Jan. 31, 2013
Summary: STIPULATION AND [PROPOSED] ORDER SCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE FOR APRIL 26, 2013 OR AT THE COURT'S CONVENIENCE THEREAFTER SUSAN ILLSTON, District Judge. Pursuant to Civil Local Rule 7-12, Plaintiffs and Defendants respectfully submit this Stipulation And [Proposed] Order Scheduling The Initial Case Management Conference For April 26, 2013: WHEREAS, the Burnett action ( Burnett v. Conseco Life Insurance Co. et al. ) was initially filed in the U.S. District Court fo
Summary: STIPULATION AND [PROPOSED] ORDER SCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE FOR APRIL 26, 2013 OR AT THE COURT'S CONVENIENCE THEREAFTER SUSAN ILLSTON, District Judge. Pursuant to Civil Local Rule 7-12, Plaintiffs and Defendants respectfully submit this Stipulation And [Proposed] Order Scheduling The Initial Case Management Conference For April 26, 2013: WHEREAS, the Burnett action ( Burnett v. Conseco Life Insurance Co. et al. ) was initially filed in the U.S. District Court for..
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STIPULATION AND [PROPOSED] ORDER SCHEDULING THE INITIAL CASE MANAGEMENT CONFERENCE FOR APRIL 26, 2013 OR AT THE COURT'S CONVENIENCE THEREAFTER
SUSAN ILLSTON, District Judge.
Pursuant to Civil Local Rule 7-12, Plaintiffs and Defendants respectfully submit this Stipulation And [Proposed] Order Scheduling The Initial Case Management Conference For April 26, 2013:
WHEREAS, the Burnett action (Burnett v. Conseco Life Insurance Co. et al.) was initially filed in the U.S. District Court for the Central District of California, and subsequently transferred to this Court on November 20, 2012 by the Judicial Panel on Multidistrict Litigation;
WHEREAS, this Court has not yet scheduled an initial case management conference in the Burnett action;
WHEREAS, Defendants have filed a motion to dismiss the Burnett action, which is fully briefed and which will be argued on February 1, 2013;
WHEREAS, trial on the certified class's claims (in the Brady and McFarland actions) is scheduled to begin on March 25, 2013 and counsel for Conseco Life is preparing for that trial;
WHEREAS, counsel for all parties in the Burnett action have conferred and agree that, for scheduling reasons, the initial case management conference in the Burnett action should take place after the trial on the certified class's claims;
IT IS THEREFORE STIPULATED AND AGREED, by and between the undersigned, as follows:
1. Subject to Court approval, the initial case management conference in the Burnett action shall be held on April 26, 2013 at a time convenient to the Court, or at a date and time thereafter that is convenient for the Court;
2. The parties to the Burnett action shall serve or file their Rule 26(a)(1) initial disclosures, a Civil Local Rule 16-9 Case Management Statement, and a Rule 26(f) conference report (to the extent not covered by the Civil Local Rule 16-9 Case Management Statement) by one week before the initial case management conference (e.g., by April 19, 2013 if the case management conference is held on April 26, 2013); and
3. At the initial case management conference, the Court will set deadlines for filing any documents required by Civil Local Rule 16-8.
Dated: January 28, 2013 Respectfully submitted,
/s/ Stephen A. Weisbrod
STEPHEN A. WEISBROD (Pro Hac Vice)
AUGUST J. MATTEIS, JR. (Pro Hac Vice)
KATHLEEN M.S. HALE (Pro Hac Vice)
JOSHUA N. KATZ (Pro Hac Vice)
NEESA SETHI (State Bar No. 263955)
Weisbrod Matteis & Copley PLLC
1900 M Street NW, Suite 850
Washington, D.C. 20036
Telephone: (202) 499-7900
Facsimile: (202) 478-1795
Email: sweisbrod@wmclaw.com
Email: amatteis@wmclaw.com
Email: khale@wmclaw.com
Email: jkatz@wmclaw.com
Email: nsethi@wmclaw.com
Attorneys for Plaintiffs
William Jeff Burnett and Joe H. Camp
/s/ David S. Clancy
RAOUL D. KENNEDY (State Bar No. 40892)
Skadden, Arps, Slate, Meagher & Flom LLP
525 University Avenue, Suite 1100
Palo Alto, California 94301
Telephone: (650) 470-4500
Facsimile: (650) 470-4570
Email: Raoul.Kennedy@skadden.com
JAMES R. CARROLL (Pro Hac Vice)
DAVID S. CLANCY (Pro Hac Vice)
CHRISTOPHER A. LISY (Pro Hac Vice)
Skadden, Arps, Slate, Meagher & Flom LLP
One Beacon Street, 31st Floor
Boston, Massachusetts 02108
Telephone: (617) 573-4800
Facsimile: (617) 573-4822
Email: James.Carroll@skadden.com
Email: David.Clancy@skadden.com
Email: Christopher.Lisy@skadden.com
Attorneys for Defendants
PURSUANT TO STIPULATION, IT IS SO ORDERED.
