Baudoux et al v. California Physicians' Service

Filing 11

STIPULATION and ORDER STAYING CASE Pending Completion of Arbitration, signed by Judge Oliver W. Wanger on 11/17/2010. (Jessen, A)

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AMPAGN E & CAMPAGNE A PROF. CORP. AIRPORT OFFICE CENTER 1685 NORTH HELM AVENUE FRESNO, CALIFORNIA 93727 TELEPHONE [phone] FAX [phone]

Thomas E. Campagne, #065375 Mary F. Lerner, #235951 Campagne, Campagne & Lerner A Professional Corporation Fresno Airport Office Center 1685 North Helm Avenue Fresno, California 93727 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA AT FRESNO GUY BAUDOUX, an individual, MARSHALL S. FLAM, M.D., an individual and SHELAGH WEBSTER, an individual. ) ) Case No. 10-CV-01950-OWW-DLB ) ) ) STIPULATION TO STAY LITIGATION Plaintiffs, ) AND ) REFER MATTER TO vs. ) BINDING ARBITRATION; ) ORDER THEREON CALIFORNIA PHYSICIANS' SERVICE, ) a non-profit corporation, dba BLUE ) SHIELD OF CALIFORNIA ) ) Defendant. ) RECITALS A. WHEREAS, the above-captioned Plaintiffs (hereinafter "Plaintiffs") recently filed

suit in the United States District Court for the Eastern District of California at Fresno against Defendant (hereinafter "Blue Shield"); B. WHEREAS, Plaintiffs and Defendant are attempting to settle the matters described

in the lawsuit; and the Parties believe settlement is likely, and that if the case cannot be settled it should be resolved by binding Arbitration; C. WHEREAS, if the Parties do not soon settle this matter through informal

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settlement discussion, the Parties would like to have the entire lawsuit remanded for binding
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A PROF. CORP. AIRPORT OFFICE CENTER 1685 NORTH HELM AVENUE FRESNO, CALIFORNIA 93727 TELEPHONE [phone] FAX [phone]
AMPAGN E & CAMPAGNE

Arbitration before one (1) retired-judge Arbitrator to be selected by the Parties from a seven (7) judge panel to be distributed by JAMS; D. WHEREAS, the Parties anticipate that a binding Arbitration of this matter can be

conducted in Fresno before a JAMS Arbitrator in probably less than one day; E. WHEREAS, the principal claim is less than $79,000.00; and the Parties hope to

resolve their dispute in the most efficient and cost-effective manner possible; F. WHEREAS, Plaintiff Marshall Flam, M.D. (doing business as Hematology-

Oncology Medical group of Fresno) has a contract with Blue Shield governing, among other things, the manner of payment for services rendered by Dr. Flam to Blue Shield members, and also contends that he is the assignee of all claims formerly held by Plaintiff Guy Baudoux and Shelagh Webster, who are now deceased (Blue Shield does not concede the validity of any such assignment, and reserves the right to contest that issue); and WHEREAS, the Parties have agreed by this Stipulation that Plaintiff Baudoux and Plaintiff Webster are now dismissed as Plaintiffs without prejudice, and that if their executors/estates wish to reappear they may file their FRCP 25(a) motion for substitution within 30 days after the selection of the JAMS Arbitrator; and, WHEREAS, in light of the aforementioned dismissal without prejudice of Plaintiffs Baudoux and Webster, their non-assigned tort causes of action numbers 12 through 22 are likewise dismissed without prejudice; G. WHEREAS, the Federal Arbitration Act (9 USC §1, et seq.) allows the Parties to

stipulate to refer the instant litigation (together with any and all related disputes to the claims set forth in the lawsuit) to binding Arbitration before one (1) JAMS qualified retired-judge Arbitrator; STIPULATIONS NOW THEREFORE, the Parties hereby stipulate and agree that the Court should issue (pursuant to the Court's inherent authority and the Federal Arbitration Act) the following ORDER: 1. The aforementioned Recitals are adopted and approved.

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AMPAGN E & CAMPAGNE A PROF. CORP. AIRPORT OFFICE CENTER 1685 NORTH HELM AVENUE FRESNO, CALIFORNIA 93727 TELEPHONE [phone] FAX [phone]

2.

All Parties agree to engage in final and binding Arbitration before one retired-

judge JAMS Arbitrator for the resolution of any and all disputes involved or related to, or arising from the above-captioned litigation. The Arbitration Hearing shall be conducted by the Arbitrator within the City of Fresno at a place to be determined by the Arbitrator upon consultation with the Parties. The "JAMS Streamlined Arbitration Rules and Procedures" (the "JAMS Rules") shall govern the pre-arbitration proceedings and the Arbitration hearing itself. However, it is agreed that the depositions of Blue Shield's expert witness(es) and the deposition(s) of Plaintiff's expert witness(es) (including Dr. Flam) may be taken, if a party to desires. The Arbitration hearing shall occur within 180 days of the Court's approval of this Stipulation, unless the Parties stipulate to a later date (with this Court's approval). 3. The Arbitrator shall, after the Arbitration Hearing, issue a final and binding written

decision, within sixty (60) days of (i) the conclusion of the arbitration hearing or (ii) the submission of all post-hearing briefs (if any); unless the Parties stipulate to allow the Arbitrator more time. When the arbitration award becomes final (as defined by the JAMS Rules), the Parties shall file the Arbitrator's written decision with this Court. Thereafter, enforcement, modification and/or correction of the Arbitrator's decision shall be pursuant to the Federal Arbitration Act. The Arbitrator's decision shall be in writing (setting forth his findings of fact and his conclusions of law), and the Arbitrator shall apply and follow any and all applicable California and Federal Law. 4. Therefore, any and all disputes between the Parties shall now be referred to

binding Arbitration as provided above. /// ///

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DEAC_Signature-END:

5.

This action shall be stayed until the conclusion of the arbitration described above,

or until further order of the Court.

IT IS SO STIPULATED: Dated: November 16, 2010 Campagne, Campagne & Lerner, A Professional Corporation By: /s/Thomas E. Campagne Thomas E. Campagne, Esq. Attorneys For Plaintiffs Guy Badoux, Marshall Flam, M.D. and Shelagh Webster Dated: November 16, 2010 Musick Peeler & Garrett LLP

By: /s/ Peter Diedrich Peter Diedrich, Esq. Attorneys for Defendant California Physicians' Service dba Blue Shield

ORDER GOOD CAUSE SO APPEARING, IT IS ORDERED that the above stipulations are approved. Therefore, this litigation is stayed pending completion of the arbitration described herein.

IT IS SO ORDERED. Dated:
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November 17, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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A PROF. CORP. AIRPORT OFFICE CENTER 1685 NORTH HELM AVENUE FRESNO, CALIFORNIA 93727 TELEPHONE [phone] FAX [phone]
AMPAGN E & CAMPAGNE

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