Filed: Jun. 12, 2019
Latest Update: Jun. 12, 2019
Summary: STIPULATION AND ORDER TO CONTINUE AND RE-SET SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING KENDALL J. NEWMAN , Magistrate Judge . Defendant AT&T Umbrella Benefit Plan No. 3 ("Defendant"), by and through its undersigned counsel, and Plaintiff Jerome A. Clay ("Plaintiff' or "Mr. Clay"), appearing pro se, stipulate to continue and re-set the summary judgment briefing schedule set forth in the Court's February 8, 2019 Scheduling Order (ECF No. 67), and state as follows in support of the stip
Summary: STIPULATION AND ORDER TO CONTINUE AND RE-SET SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING KENDALL J. NEWMAN , Magistrate Judge . Defendant AT&T Umbrella Benefit Plan No. 3 ("Defendant"), by and through its undersigned counsel, and Plaintiff Jerome A. Clay ("Plaintiff' or "Mr. Clay"), appearing pro se, stipulate to continue and re-set the summary judgment briefing schedule set forth in the Court's February 8, 2019 Scheduling Order (ECF No. 67), and state as follows in support of the stipu..
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STIPULATION AND ORDER TO CONTINUE AND RE-SET SUMMARY JUDGMENT BRIEFING SCHEDULE AND HEARING
KENDALL J. NEWMAN, Magistrate Judge.
Defendant AT&T Umbrella Benefit Plan No. 3 ("Defendant"), by and through its undersigned counsel, and Plaintiff Jerome A. Clay ("Plaintiff' or "Mr. Clay"), appearing pro se, stipulate to continue and re-set the summary judgment briefing schedule set forth in the Court's February 8, 2019 Scheduling Order (ECF No. 67), and state as follows in support of the stipulation:
1. The parties agree that this Employee Retirement Income Security Act of 1974 ("ERISA") denial of disability benefits lawsuit should be resolved through cross motions for summary judgment
2. The parties stipulate to a seven (7) week extension of the summary judgment deadlines. The extension is necessary because pro se Plaintiff, Mr. Clay, is studying for and will be taking the California Bar Examination scheduled for July 30-31, 2019. Defendant's counsel also is in need of additional time to prepare a summary judgment brief to accommodate various briefing deadlines in June 2019, and Defendant does not oppose and agrees to the seven (7) week extension to accommodate Mr. Clay's Bar examination studies.
3. Accordingly, the Parties stipulate to re-set the summary judgment briefing schedule as follows:
• Deadline to file cross motions for summary judgment: From June 28, 2019 to August 16, 2019;
• Deadline to file any oppositions to cross motions for summary judgment: From July 26, 2019 to September 13, 2019;
• Deadline to file any reply briefs: From August 16, 2019 to October 4, 2019; and
• Hearing on cross motions for summary judgment: From September 12, 2019, at 10:00 a.m. to October 31, 2019, at 10:00 a.m.
4. The stipulated extensions will not prejudice either party.
5. This is the first stipulation to extend the summary judgment briefing schedule in this case.
Dated: June 10, 2019.
/s/ Jerome A. Clay (as authorized CAMPBELL LITIGATION, P.C.
on Jim 9, 2019)
Jerome A. Clay /s/ Daniel M. Combs
Pro se Plaintiff Daniel M. Combs, Colo. Bar No. 34740
(admitted pro hac vice)
HARDY ERICH BROWN & WILSON
Alexander L. Nowinski, #304967
Attorneys for Defendant AT&T
Umbrella Benefit Plan No. 3
IT IS SO ORDERED.
