Free Stipulation - District Court of Arizona - Arizona

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40 North Central Avenue Phoenix, Arizona 85004-4429 Facsimile (602) 262-5747 Telephone (602) 262-5311 Stephen M. Bressler (09032) Ann-Martha Andrews (012616) Scott Bennett (0022350) Attorneys for Defendants UnumProvident Corporation and Provident Life and Accident Insurance Company

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) Plaintiff, ) ) vs. ) UNUMProvident Corporation and Provident ) ) Life and Accident Insurance Company, ) ) Defendants. ) ) )

8 Brett D. Leavey, 9 10 11 12 13 14 15

No. CIV-02-2281-PHX-SMM STIPULATION RE BRIEFING FOR POST-TRIAL MOTIONS (First Request)

The parties stipulate to and seek the Court's approval of the following briefing

16 schedule for defendants' post-trial motion: 17 Defendants shall file a single consolidated post-trial motion within 10 days of the

18 entry of judgment identifying their grounds for requesting judgment as a matter of law 19 under FRCP 50, a new trial under FRCP 59 and a remittitur ("Defendants' Motion"). 20 Within 14 days after filing Defendants' Motion, defendants shall file a

21 consolidated brief in support thereof ("Defendants' Brief"). 22 Plaintiff shall have 30 days from the service of Defendants' Brief to file and serve

23 his response to Defendants' Motion and Defendants' Brief ("Plaintiff's Response"). 24 Defendants shall have 15 days from the service of Plaintiff's Response to file and

25 serve their reply in support of their post-trial motion. 26 The time frames outlined above are subject to the time provisions set forth in Rule

27 6, F.R.C.P. 28
Case 2:02-cv-02281-SMM Document 229 Filed 10/18/2005 Page 1 of 3
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The parties believe that this streamlined approach to the filing of post-trial motions will serve both the parties and the Court by providing a single set of briefing that incorporates all post-trial arguments. Defense counsel faxed a draft of this stipulated motion to plaintiff's counsel, who authorized defense counsel to sign on their behalf. The parties have attached a proposed Order for the Court to sign. DATED: October 18, 2005 DAWSON & ROSENTHAL LEWIS AND ROCA LLP

By __s/Steven C. Dawson Steven C. Dawson Anita Rosenthal and GREG H. TEMPLE, P.C. Gregg H. Temple Attorneys for Plaintiff

By s/Stephen M. Bressler Stephen M. Bressler Ann-Martha Andrews Scott M. Bennett Attorneys for Defendants Provident Life and Accident Insurance Company and UnumProvident Corporation

Case 2:02-cv-02281-SMM

Document 229 2 Filed 10/18/2005

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Case 2:02-cv-02281-SMM

CERTIFICATE OF SERVICE I hereby certify that on October 18, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Steven C. Dawson Anita Rosenthal Dawson & Rosenthal 6586 Highway 179 Suite B-2 Sedona, Arizona 86351 Attorneys for Plaintiff Gregg H. Temple Gregg H. Temple, P.C. 4835 E. Cactus Road Suite 225 Phoenix, Arizona 85254-4196 Attorneys for Plaintiff

s/Jody A. Crain

Document 229 3 Filed 10/18/2005

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