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

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Jennifer L. Thurston on 1/18/2012. The Settlement Conference set for 1/19/2012 is VACATED. The Mid-Discovery Status Conference set for 1/19/2012 is CONTINUED to 1/23/2012 at 09:30 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

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EASTERN DISTRICT OF CALIFORNIA

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)
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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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)
)

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CENTRE FOR NEURO SKILLS,

Case No.: 11-cv-1302 AWI-JLT
STIPULATED REQUEST AND ORDER
VACATING THE JANUARY 19, 2012
SETTLEMENT CONFERENCE AND
CONTINUING THE MID-DISCOVERY
STATUS CONFERENCE TO JANUARY
23, 2012

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Stip. and Order Vacating Settlement Conf. and Continuing Status 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 vacate the January 19, 2012 Settlement Conference on the ground that the case is not yet

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is a position in which settlement discussions would be meaningful or productive. Additionally,

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Counsel for BCBSOK & the Plan is unavailable on January 19, 2012 because he has

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depositions scheduled to take place in San Francisco on January 18 and 19, 2012. A

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representative from his Texas-based client is being deposed, as is the plaintiff in the case.

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Because the travel arrangements for those depositions have already been made, they cannot be

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rescheduled without severely inconveniencing multiple parties.
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 he complete the training and secure a permanent position. Mr.

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McKnight anticipates that he will have more information about his job prospects in March

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2012, and the parties can revisit the possibility of participating in a settlement conference at that

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time.

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For the above stated reasons, the Parties respectfully submit this Stipulated Request to

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Vacate the January 19, 2012 Settlement Conference. Additionally, because Mr. McKnight and

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counsel for BCBSOK and the Plan are unavailable on January 19, 2012, the parties request that

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the Mid-Discovery Status Conference be continued by four days to Monday, January 23, 2012
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Stip. and Order Vacating Settlement Conf. and Continuing Status Conf.

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

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at a time convenient for the Court.

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IT IS SO STIPULATED:

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Date: January 17, 2012

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: January 17, 2012

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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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: January 17, 2012

By:

/S/ William H. McKnight
William H. McKnight

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In propria persona

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ORDER
For the reasons stated in the Parties’ stipulation and good cause appearing, the Court

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ORDERS the settlement conference currently set on January 19, 2012 to be VACATED.

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Likewise, the telephonic Mid-Discovery Status Conference will be CONTINUED to January

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23, 2012 at 9:30 a.m.

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IT IS SO ORDERED.
Dated:

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January 18, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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Stip. and Order Vacating Settlement Conf. and Continuing Status Conf.

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