Centre for Neuro Skills v. Blue Cross Blue Shield of Oklahoma et al

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Jennifer L. Thurston on 12/13/2011. The Settlement Conference is RESET from 12/16/2011 to 1/19/2012 at 10:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A)

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JOHN C. HALL (SBN 101746)
Email: [e-mail]
LAW OFFICES OF JOHN C. HALL
1200 Truxtun Ave., Suite 114
Bakersfield, CA 93301
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
CENTRE FOR NEURO SKILLS
ADRIENNE C. PUBLICOVER (SBN 161432)
Email: [e-mail]
DONALD P. SULLIVAN (SBN 191080)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
BLUE CROSS BLUE SHIELD OF OKLAHOMA
WILLIAM H. McKNIGHT
Email: [e-mail]
In propria persona
8512 Woodstead Court
Bakersfield, CA 93311
Telephone:
[phone]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CENTRE FOR NEURO SKILLS,

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Plaintiff,
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v.
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WILLIAM McKNIGHT; BLUE CROSS
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BLUE SHIELD OF OKLAHOMA; DOES 1 )
through 30,
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Defendants.
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Case No.: 11-cv-1302 AWI-JLT
STIPULATED REQUEST AND ORDER
CONTINUING MANDATORY
SETTLEMENT CONFERENCE TO
JANUARY 19 or 20, 2012 DUE TO PARTY
UNAVAILABILITY

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Stip. and Order Continuing Settlement Conf.

Error! Unknown document property name.
USDC EDCA Case # 11-cv-1302 AWI JLT

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STIPULATION
Plaintiff Centre for Neuro Skills (“CNS”) and Defendants Blue Cross Blue Shield of

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Oklahoma (“BCBSOK”) and William H. McKnight (“McKnight”) respectfully request that the

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Court continue the Mandatory Settlement Conference from December 16, 2011 to January 19

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or 20, 2012 because Mr. McKnight is presently in Texas attending a job training and is unable

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to return to California for the Settlement Conference. He will be back in California on January

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19 and 20, 2012. Additionally, BCBSOK tendered the defense of the case to the Helmreich &

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Payne Employee Welfare Benefit Plan (“Plan”), and the Plan recently accepted the tender. A

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representative from the Plan is not available on December 16, 2011 to attend the Settlement

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Conference. Finally, counsel for CNS has two depositions scheduled for December 16, 2011 in

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San Jose, California.
To refresh the Court’s recollection regarding the specifics of this case, this is a dispute

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regarding payment for the medical care rendered to Charlene McKnight, who was a beneficiary

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of McKnight. McKnight, who is a pro se litigant, acknowledged in the Joint Scheduling Report

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that BCBSOK sent checks to him to pay for the medical care CNS rendered to Charlene

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McKnight, that he cashed those checks, and that he used the funds from the checks for purposes

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other than paying CNS.

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McKnight represents that he has been unemployed for a period of time, but that he is

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currently in a job training program with Shell Oil that might lead to a permanent position. He

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also represents that he will not be able to put funds forward to settle this dispute if he is not

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hired by Shell or another employer. Logically, it is in his best interests, and the interests of the

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other Parties to this case, that be complete the training and secure a permanent position.

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Stip. and Order Continuing Settlement Conf.

Error! Unknown document property name.
USDC EDCA Case # 11-cv-1302 AWI JLT

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For the above stated reasons, the Parties respectfully submit this Stipulated Request to
Continue the Mandatory Settlement Conference to January 19 or 20, 2012.

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IT IS SO STIPULATED:
Date: December 12, 2011

LAW OFFICES OF JOHN C. HALL

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By:

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/S/ John C. Hall
John C. Hall

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Attorneys for Plaintiff
CENTRE FOR NUERO SKILLS

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Date: December 12, 2011

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By:

/S/ Donald P. Sullivan
Donald P. Sullivan

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Attorneys for Defendant
BLUE CROSS BLUE SHIELD OF
OKLAHOMA

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Date: December 12, 2011

By:

/S/ William H. McKnight
William H. McKnight

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In propria persona

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ORDER

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Good cause appearing, the settlement conference, currently scheduled on December 16, 2011

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is CONTINUED to January 19, 2012 at 10:00 a.m.

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IT IS SO ORDERED.
Dated:

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December 13, 2011

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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Stip. and Order Continuing Settlement Conf.

Error! Unknown document property name.
USDC EDCA Case # 11-cv-1302 AWI JLT