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BEERS v. AIG BENEFIT SOLUTIONS, 2:16-CV-02166-WBS-KJN. (2016)

Court: District Court, E.D. California Number: infdco20161114l36 Visitors: 8
Filed: Nov. 10, 2016
Latest Update: Nov. 10, 2016
Summary: STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS AND [PROPOSED] ORDER WILLIAM B. SHUBB , District Judge . IT IS HEREBY STIPULATED, by and between Plaintiff Delia Beers and Defendants The United States Life Insurance Company in the City of New York for itself and on behalf of incorrectly named AIG Benefit Solutions ("US Life"), through their attorneys of record, as follows: 1. US Life's Motion to Dismiss, pursuant to F.R.C.P. 12(b)(6), was filed on September 15,
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STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS AND [PROPOSED] ORDER

IT IS HEREBY STIPULATED, by and between Plaintiff Delia Beers and Defendants The United States Life Insurance Company in the City of New York for itself and on behalf of incorrectly named AIG Benefit Solutions ("US Life"), through their attorneys of record, as follows:

1. US Life's Motion to Dismiss, pursuant to F.R.C.P. 12(b)(6), was filed on September 15, 2016 and currently is set for hearing on October 31, 2016 in Courtroom 5 of this Court;

2. Plaintiff and US Life informally exchanged documents and are continuing to engage in settlement discussion in the hopes of reaching an early settlement of this litigation prior to December 12, 2016;

3. Plaintiff and US Life have agreed that the hearing date on US Life's Motion to Dismiss should be continued to December 12, 2016 at 1:30 p.m. in order to allow the parties to focus on settlement discussions and avoid unnecessarily incurring additional expenses and/or costs in this matter;

4. Plaintiff and US Life agree that the date for plaintiff to file an opposition to the motion to dismiss also should be continued to November 28, 2016 and the date for US Life to file a reply brief should be continued to December 5, 2016;

5. This stipulation is made in good faith and not for the purposes of delay or obstruction; and

6. This stipulation to continue the hearing date on US Life's motion to dismiss does not alter the date of any event or any deadline already fixed by Court Order, and no previous stipulation to continue the hearing date on the motion to dismiss has been filed in this action.

ORDER

Having read the parties' stipulation and good cause appearing therefore, it is hereby ordered as follows:

1. The hearing date on US Life's Motion to Dismiss, currently set for November 28, 2016, hereby is continued to December 12, 2016 at 1:30 p.m. in Courtroom 5 of this Court; and

2. The date for plaintiff to file an opposition to the motion to dismiss is continued to November 28, 2016 and the date for US Life to file a reply is continued to December 5, 2016.

IT IS SO ORDERED.

Source:  Leagle

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