Nicholas Thanos v. Berkshire Life Insurance Company of America et al

Northern District of California, cand-4:2015-cv-02514

ORDER GRANTING {{24}} MOTION to Continue Case Management Conference. Joint Case Management Statement due by 5/27/2016. Initial Case Management Conference set for 6/3/2016 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 2/18/16. Modified on 2/19/2016

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1 [SEE SIGNATURE PAGE FOR COUNSEL] 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS THANOS, M.D.,) Case No.: 4:15-cv-02514-JSW 12) Plaintiff,) UNCONTESTED REQUEST AND 13) [PROPOSED] ORDER FOR v.) CONTINUANCE OF CASE 14) MANAGEMENT CONFERENCE 15 Defendants,)) Date: March 18, 2016 16 BERKSHIRE LIFE INSURANCE COMPANY) Time: 10:00 a.m. OF AMERICA, et al.) Ctrm: 5 (2nd Floor) 17) Judge: Hon. Jeffrey S. White 18)) State action filed: July 7, 2015 19)) 20) 21) 22 23 UNCONTESTED REQUEST FOR CONTINUANCE 24 Plaintiff Nicholas Thanos, M.D. hereby requests this Court to continue the Case 25 26 Management Conference scheduled on March 18 by 60 days, in order to let Plaintiff 27 engage in more discovery before engaging in private mediation with Defendants. 28 The parties currently have a private mediation scheduled on March 2, 2016. ________________________________________________________________________________________ 1 Case No.: 4:15-cv-02514-JSW UNCONTESTED REQUEST AND [PROPOSED] ORDER FOR CONTINUANCE 1 However, Plaintiff believes that mediation will not be productive until he has a chance 2 to depose two key witnesses in his case, Kellie Scovil and Michael Stirlacci, located at 3 Defendants' offices in Western Massachusetts. By continuing the Case Management 4 Conference by 60 days, Plaintiff will be able to take both depositions and also engage 5 6 in private mediation with Defendants prior to appearing for the Case Management 7 Conference. On February 17, Plaintiff discussed this discovery plan with Defendants' 8 attorney John David Collins and he agreed that Defendants would not contest 9 Plaintiff's request for continuance. 10 11 Dated: February 17, 2016 Respectfully submitted, 12 13 14 By: /s/ Eric Whitehead Ray Bourhis, Esq. SBN 53196 15 Eric Whitehead, Esq. SBN 301449 16 RAY BOURHIS ASSOCIATES 12 Funston Avenue 17 San Francisco, CA 94129 Tel: (415) 392-4660 18 Fax: (415) 421-0259 19 RFBourhis@gmail.com Eric.Whitehead@RayBourhis.com 20 Attorneys for Plaintiff, Nicholas Thanos M.D. 21 22 23 24 25 26 27 28 ________________________________________________________________________________________ 2 Case No.: 4:15-cv-02514-JSW UNCONTESTED REQUEST AND [PROPOSED] ORDER FOR CONTINUANCE 1 2 [PROPOSED] ORDER 3 PURSUANT TO PLAINTIFF'S REQUEST, IT IS HEREBY ORDERED that the 4 Case Management Conference is continued from Friday, March 18, 2016 at 10:00 5 6 a.m. by 60 days. The parties agree to engage in private mediation prior to this date. The case management conference is continued to June 3, 2016 at 11:00 a.m. The parties shall 7 file the joint case management statement no later than five court days prior to the conference. 8 Dated: February 18, 2016 9 10 __________________________ 11 Hon. Jeffrey S. White 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________________________________________________________________________ 3 Case No.: 4:15-cv-02514-JSW UNCONTESTED REQUEST AND [PROPOSED] ORDER FOR CONTINUANCE