Annette Weil v. Cigna Health and Life Insurance Company et al

Filing 49

Stipulation Between Plaintiff and CIGNA Defendants and ORDER to Stay Case Pending Settlement Discussions and to Extend to Complete Class Discovery if Settlement is not Achieved by Judge Michael W. Fitzgerald that Plaintiff and Cigna request that the Court, as to Plaintiff claims against Cigna: (i) stay this case for a period of 90 days to enable them either to reach a resolution or notify the Court that they are unable to do so; (ii) extend all dates in the Stipulated Case Schedule by 90 days, s uch that, most immediately, the deadline for class certification discovery for Plaintiff and Cigna would be 7/28/2016, and the deadline for Plaintiff's motion for class certification against Cigna would be 8/25/2016; and (iii) direct that Plaintiff and Cigna, on or before 6/15/2016, update the Court on the status of settlement negotiations. (Made JS-6. Case Terminated.) (jp)

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ZUCKERMAN SPAEDER LLP
ANDREW N. GOLDFARB (Cal. Bar No. 235615) (pro hac vice)
[e-mail]
ANDREW CARIDAS (pro hac vice)
STAYED
[e-mail]
1800 M Street, NW, Suite 1000
JS-6
Washington, DC 20036
Tel: [phone]
Fax: [phone]
ZUCKERMAN SPAEDER LLP
D. BRIAN HUFFORD (pro hac vice)
[e-mail]
JASON S. COWART (pro hac vice)
[e-mail]
399 Park Avenue, 14th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]
MEIRAM BENDAT, ESQ. (Cal. Bar No. 198884)
Psych-Appeal, Inc.
8560 West Sunset Boulevard, Suite 500
West Hollywood, CA 90069
Tel: [phone], x.101
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Annette Weil
and the Putative Class

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Case No. 2:15-cv-07074-MWF-JPR

ANNETTE WEIL, et al.,

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Plaintiffs,
v.
CIGNA HEALTH AND LIFE
INSURANCE COMPANY, et al.,
Defendants.

STIPULATION BETWEEN
PLAINTIFF AND CIGNA
DEFENDANTS AND ORDER TO
STAY CASE PENDING SETTLEMEN
DISCUSSIONS AND TO EXTEND TI
TO COMPLETE
CLASS DISCOVERY IF
SETTLEMENT IS NOT ACHIEVED

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JOINT REQUEST TO STAY CASE;
CASE NO. 2:15-CV-07074-MWF-JPR
5263634.2

Plaintiff and defendants Cigna Health and Life Insurance Co., Cigna Health

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Management, Inc., and Cigna Behavioral Health, Inc. (together, “Cigna”) hereby

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respectfully request that the Court, as to Plaintiff’s claims against Cigna, (i) stay the

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Stipulated Case Schedule [Docket No. 45] for a period of 90 days to permit

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Plaintiff and Cigna to continue their settlement discussions; and (ii) extend all

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deadlines in the Stipulated Case Schedule by 90 days to allow Plaintiff and Cigna to

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complete class certification discovery and motions in the event that they are unable

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to resolve this case. In support of the request, Plaintiff and Cigna jointly stipulate

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that:

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1.

Plaintiff Annette Weil filed this class action on her own behalf and on

behalf of others similarly situated on September 8, 2015.

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2.

The defendants answered the complaint on November 2, 2015.

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3.

On January 14, 2016, the Court entered the Stipulated Case Schedule.

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4.

Plaintiff and Cigna have been engaged in productive settlement

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discussions and are confident they will be able to reach agreement on a proposed

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resolution to submit to the Court for preliminary approval. These parties believe a

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stay in the discovery and briefing deadlines as to Plaintiff’s claims against Cigna

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will allow them to focus on the ongoing settlement discussions and avoid the

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needless expenditure of their, and the Court’s, resources.

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5.

Accordingly, Plaintiff and Cigna request that the Court, as to

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Plaintiff’s claims against Cigna: (i) stay this case for a period of 90 days to enable

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them either to reach a resolution or notify the Court that they are unable to do so;

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(ii) extend all dates in the Stipulated Case Schedule by 90 days, such that, most

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immediately, the deadline for class certification discovery for Plaintiff and Cigna

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would be July 28, 2016, and the deadline for Plaintiff’s motion for class

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certification against Cigna would be August 25, 2016; and (iii) direct that Plaintiff

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and Cigna, on or before June 15, 2016, update the Court on the status of settlement

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negotiations.
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PLAINTIFF AND CIGNA STIP. TO STAY CASE;
CASE NO. 2:15-CV-07074-MWF-JPR
5263634.2

Respectfully submitted,

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Dated: April 19, 2016

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ZUCKERMAN SPAEDER LLP
By:

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Andrew N. Goldfarb (Bar. No. 235615) (pro
hac vice)
Andrew Caridas (pro hac vice)
1800 M Street, NW, Suite 1000
Washington, DC 20036
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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/s/ Andrew N. Goldfarb
Andrew N. Goldfarb

Meiram Bendat (Bar No. 198884)
PSYCH-APPEAL, INC.
8560 West Sunset Boulevard
Suite 500
West Hollywood, CA 90069
Tel: [phone], x.101
Fax: [phone]
[e-mail]

D. Brian Hufford (pro hac vice)
Jason S. Cowart (pro hac vice)
ZUCKERMAN SPAEDER LLP
399 Park Avenue, 14th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Annette Weil and the
Putative Class

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MORGAN, LEWIS & BOCKIUS LLP

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By: /s/ Molly Moriarty Lane
Molly Moriarty Lane

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Molly Moriarty Lane (Bar No. 149206)
One Market, Spear Street Tower
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
[e-mail]
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PLAINTIFF AND CIGNA STIP. TO STAY CASE;
CASE NO. 2:15-CV-07074-MWF-JPR
5263634.2

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Jeremy P. Blumenfeld (pro hac vice)
Michael C. Higgins (pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Cigna Defendants
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ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that

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concurrence in the filing of this document has been obtained from the other

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signatories.

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Dated: April_19, 2016

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___/s/ Andrew N. Goldfarb______
Andrew N. Goldfarb

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IT IS SO ORDERED AND APPROVED.

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DATED: May 3, 2016

_____________________________________
Hon. Michael W. Fitzgerald
United States District Judge

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PLAINTIFF AND CIGNA STIP. TO STAY CASE;
CASE NO. 2:15-CV-07074-MWF-JPR
5263634.2