Whelan-Vanderhorst v. Metropolitan Life Insurance Company

STIPULATION RE PLAINTIFF’S MOTION FOR REMAND
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ROBERT HESS (SBN 178042)
RHess@maynardnexsen.com
MAYNARD NEXSEN LLP
10100 Santa Monica Boulevard, Suite 550
Los Angeles, CA 90067
Telephone: 310.596.4500
Attorneys for Defendant
Metropolitan Life Insurance Company
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOAN WHELAN-VANDERHORST
Plaintiff,
v.
METROPOLITAN LIFE INSURANCE
COMPANY and Does 1 through 30, inclusive
Defendant.
Case No. 1:25-cv-01664 KES-SKO
STIPULATION RE PLAINTIFF’S
MOTION TO REMAND; ORDER
Complaint Filed: October 14, 2025
Case 1:25-cv-01664-KES-SKO Document 9 Filed 12/31/25 Page 1 of 3

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STIPULATION RE PLAINTIFF’S MOTION FOR REMAND
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TO THE HONORABLE KIRK E. SHERRIFF AND HIS COURT CLERK:
Plaintiff Joan Whelan-Vanderhorst (“Plaintiff”) and Defendant Mtropolitan Life Insurance
Company (“Defendant”), by and through their respective counsel, hereby stipulate to the following
issues relevant to Plaintiff’s recently filed Notice of Motion and Motion to Remand Action to State
Court (Dkt No. 5 and 5-1).
At the time Plaintiff filed the Remand Motion, this case was assigned to Magistrate Judge
Sheila K. Oberto. The case was subsequently reassigned to District Judge Sherriff. In compliance
with the applicable Rules and governing meet-and-confer requirements, counsel for the parties met
and conferred in good faith regarding the substance of the Motion to Remand and the potential
resolution of the issues raised therein. Despite those efforts, the parties were unable to resolve their
differences, and Plaintiff will therefore proceed with the Motion to Remand before Judge Sherriff.
The parties also agreed that the remaining briefing schedule will proceed as follows:
- Defendant’s opposition to the remand motion shall be due on or before January
13, 2026;
- Plaintiff’s reply brief shall be due on or before January 20, 2026;
- The hearing on the motion shall be scheduled for February 2, 2026 at 1:30 p.m.
IT IS SO STIPULATED.
DATED: December 31, 2025
By:
MAYNARD NEXSEN LLP
/s/ Robert Hess
ROBERT HESS
Attorneys for Defendant
Metropolitan Life Insurance Company
DATED: December 31, 2025
By:
WHELAN LAW GROUP
/s/ Brian D. Whelan
BRIAN D. WHELAN
Attorneys for Plaintiff
Joan Whelan-Vanderhorst
Case 1:25-cv-01664-KES-SKO Document 9 Filed 12/31/25 Page 2 of 3

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ORDER
Pursuant to the Stipulation of the parties, the Court accepts that Plaintiff has satisfied the
pre-filing meet and confer requirement for Plaintiff’s Motion to Remand, Doc. 5, and sets the
following briefing schedule for that motion:
- Defendant’s opposition to the Motion to Remand shall be due on or before
January 13, 2026.
- Plaintiff’s reply shall be due on or before January 20, 2026.
Plaintiff’s Motion to Remand will be taken under submission upon the filing of plaintiff’s
reply. A hearing may be set if the Court determines that oral argument is warranted.
IT IS SO ORDERED.
Dated: December 31, 2025
UNITED STATES DISTRICT JUDGE
Case 1:25-cv-01664-KES-SKO Document 9 Filed 12/31/25 Page 3 of 3