Free Non Opposition to Motion - District Court of California - California

Case 3:08-cv-00319-LAB-NLS

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Filed 04/28/2008

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John D. Boyle, No. 105499 Miguel Hernandez, No. 216254 CARROLL, BURDICK & McDONOUGH LLP Attorneys at Law 633 West Fifth Street, 51st Floor Los Angeles, CA 90071 Telephone: 213.833.4500 Facsimile: 213.833.4555 Email: [email protected] [email protected] Attorneys for Defendant AMERICAN INSURANCE ADMINISTRATORS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

DEBORAH L. ZAPPA, and individual, Plaintiff, v. AMERICAN GENERAL LIFE COMPANIES; AMERICAN INSURANCE ADMINISTRATORS AND AMERICAN GENERAL ASSURANCE COMPANY; and DOES 1 through 20, Defendant.

No. CV08-00319 LAB NLS CONDITIONAL NON-OPPOSITION TO AMERICAN GENERAL LIFE INSURANCE COMPANY AND AMERICAN GENERAL ASSURANCE COMPANY'S REQUEST TO CONTINUE EARLY SETTLEMENT CONFERENCE WITH JUDGE NITA STORMES ON MAY 22, 2008 Judge: Hon. Larry A. Burns Complaint Filed: December 12, 2007 Complaint Removed: February 19, 2008 Trial Date: None set

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Defendant AMERICAN INSURANCE ADMINISTRATORS ("AIA") hereby files the instant Conditional Non-Opposition to the request of AMERICAN GENERAL LIFE INSURANCE COMPANY AND AMERICAN GENERAL ASSURANCE COMPANY to Continue the Early Settlement Conference. AIA does not oppose the request for a continuance. AIA, however, would like to point out to the Court and to the parties that the 2008 US Open Golf Championship at Torrey Pines will take place on June 9, 2008 thorough June 15, 2008. Accordingly, there will be a severe shortage of accommodations in the San Diego area on those dates and it
CBM-LA\LA076284.1 CONDITIONAL NON-OPPOSITION TO REQUEST TO CONTINUE EARLY SETTLEMENT CONFERENCE

Case 3:08-cv-00319-LAB-NLS

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will be difficult for the parties and counsel traveling to San Diego to book accommodations during those dates. To the extent the Court's schedule permits, AIA respectfully requests that in the event the Early Settlement Conference is continued, that it be continued to a date that does not coincide with the 2008 US Open Golf Championship at Torrey Pines.

Dated: April 28, 2008 CARROLL, BURDICK & McDONOUGH LLP

By /s/ Miguel Hernandez John D. Boyle Miguel Hernandez Attorneys for Defendant AMERICAN INSURANCE ADMINISTRATORS

CBM-LA\LA076284.1

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CONDITIONAL NON-OPPOSITION TO REQUEST TO CONTINUE EARLY SETTLEMENT CONFERENCE

Case 3:08-cv-00319-LAB-NLS

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Filed 04/28/2008

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Zappa v. American General Life Companies, et al. San Diego Superior Court, Case No. 37-2007-00093735-CU-IC-CTL CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document: CONDITIONAL NON-OPPOSITION TO AMERICAN GENERAL LIFE INSURANCE COMPANY AND AMERICAN GENERAL ASSURANCE COMPANY'S REQUEST TO CONTINUE EARLY SETTLEMENT CONFERENCE WITH JUDGE NITA STORMES ON MAY 22, 2008 was filed electronically in compliance with Local Rule 5.4 (c). As such, said document was served on counsel identified below who are deemed to have consented to electronic service. Local Rule 5.4 (c). Gregory C. Kane, Esq. SHIFFLET, KANE & KONOSKE, LLP 16880 West Bernardo Drive Suite 250 San Diego, CA 92127-1615 Tel: (858) 385-0871 Fax: (858) 613-0871 Adrienne C. Publicover Michael K. Brisbin WILSON, ELSER, MOSKOWITZ, EDELMAN & DECKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Attorneys for Plaintiff DEBORAH ZAPPA

Attorneys for Plaintiff AMERICAN GENERAL LIFE INSURANCE COMPANY and AMERICAN GENERAL ASSURANCE COMPANY

I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on April 28, 2008, at Los Angeles, California.

By /s/ Miguel Hernandez

Miguel Hernandez

CBM-LA\LA076284.1 PROOF OF SERVICE