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

Filing 9

STIPULATION and ORDER signed by Magistrate Judge Jennifer L. Thurston on 9/28/2011. The Scheduling Conference is RESET from 9/29/2011 to 10/17/2011 at 10:00 AM in Bakersfield at 1300 18th Street (JLT) before Magistrate Judge Jennifer L. Thurston. NOTICE BY DEPUTY CLERK: COUNSEL IS DIRECTED, IN THE FUTURE, TO LODGE PROPOSED ORDERS TO [e-mail]. (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

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UNITED STATES DISTRICT COURT

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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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)

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Case No.: 1:11-cv-01302 AWI-JLT
ORDER CONTINUING MANDATORY
SCHEDULING CONFERENCE BY TWO
WEEKS
(Doc. 8)

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

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Oklahoma (“BCBSOK”) respectfully request that the Court continue the Mandatory Scheduling

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Conference by two weeks because they have not been able to confer with Defendant William

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McKnight in preparation of the Joint Report because it does not appear that he was notified of
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Stip. to Continue Mandatory Scheduling Conference

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

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the Conference.
BCBSOK removed the case to this Court on August 4, 2011. Copies of the Notice of

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Filing Notice of Removal were served on all parties, including Mr. McKnight, who is

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representing himself in this case.

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On or about August 12, 2011, Mr. McKnight caused a Superior Court of California

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Form General Denial to be served on counsel for CNS. Mr. McKnight has not made an

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appearance in this case in this Court. Consequently, he was not served with the August 5, 2011

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Order Setting Mandatory Scheduling Conference.

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CNS’s and BCBSOK’s respective counsel telephoned Mr. McKnight on September 27,

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2011, at the telephone number indicated on Mr. McKnight’s General Denial. Mr. McKnight

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did not answer the call, so counsel left a message explaining that the Court set a conference for

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September 29, 2011, that the parties would be requesting a two week continuance of the

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conference, and that he should call one of them as soon as possible. Counsel left both of their

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phone numbers. As of the filing of this Stipulation, Mr. McKnight has not returned the call.

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BCBSOK’s counsel followed the phone call with a letter transmitting a copy of the

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Court’s August 5, 2011 Order Setting Mandatory Scheduling Conference and explaining that

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the other parties in the action have requested a continuance of the Scheduling Conference by

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two weeks. The letter was sent by FedEx to the address Mr. McKnight listed on his General

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Denial. A copy of that letter is attached hereto as Exhibit A.

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For these reasons, CNS and BCBSOK request that the Court continue the Mandatory

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Scheduling Conference by two weeks.

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Date: September 28, 2011

LAW OFFICES OF JOHN C. HALL

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By:

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Attorneys for Plaintiff
CENTRE FOR NUERO SKILLS

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/S/ John C. Hall
John C. Hall

[SIGNATURES CONTINUED ON NEXT PAGE]

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Stip. to Continue Mandatory Scheduling Conference

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

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Date: September 28, 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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ORDER

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Based upon the stipulation of the parties now before the Court, the mandatory

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scheduling conference currently set on September 29, 2011 is ORDERED continued to

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October 17, 2011, at 10:00 a.m. at the United States Bankruptcy Courtroom located at 1300

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18th Street, Bakersfield, California.

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IT IS SO ORDERED.
Dated:

September 28, 2011

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stip. to Continue Mandatory Scheduling Conference

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