Jackson v. Kaplan Higher Education, LLC, et al.

Filing 21

Joint STIPULATION to Extend Deadlines re: Medical Records; and ORDER thereon - 1.) The deadline to file any motions related to the medical records outlined is extended to January 1, 2015. 2.) Defendants may designate a medical expert related to Plaintiffs medical records within 21 days of receipt of the final medical records. signed by Magistrate Judge Barbara A. McAuliffe on 12/23/2014. (Herman, H)

1
2
3
4

CHERYL D. ORR (SBN 143196)
PHILIPPE A. LEBEL (SBN 274032)
SABA S. SHATARA (SBN 294150)
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]

5
6
7

Attorneys for Defendants
Kaplan, Inc. and Kaplan Higher Education, LLC

10

SHELLEY G. BRYANT - #222925
AMANDA B. WHITTEN - #251160
BRYANT WHITTEN, LLP
8050 North Palm Avenue, Suite 210
Fresno, California 93711
[phone] Telephone
[phone] Facsimile

11

Attorneys for Plaintiff, MARCELLA JACKSON

8
9

12
13

UNITES STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15
16

MARCELLA JACKSON,
Plaintiff,

17
18
19
20
21
22

v.

Case No. 1:14-CV-00073-AWI-BAM
JOINT STIPULATION TO EXTEND
DEADLINES RE: MEDICAL RECORDS;
AND ORDER THEREON

KAPLAN HIGHER EDUCATION, LLC, a
Delaware limited liability company,
KAPLAN HIGHER EDUCATION
CORPORATION, an unknown business
entity, KAPLAN, INC., a Delaware
corporation, and Does 1 through 20,
inclusive,
Defendants.

23
24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

ACTIVE/ 78273461.1

JOINT STIPULATION ORDER TO EXTEND DEADLINES RE: MEDICAL RECORDS

1

Pursuant Rules 16 and 29 of the Federal Rules of Civil Procedure, defendants KAPLAN,

2

INC. and KAPLAN HIGHER EDUCATION, LLC (collectively, “Defendants”) and Plaintiff

3

Marcella Jackson (“Plaintiff”), through their respective counsel, hereby jointly submit this

4

stipulation for an order to (1) extend the deadline to file any motion or application related to

5

Plaintiff’s medical records, from December 19, 2014, to January 1, 2015; and (2) permit

6

Defendants to designate an expert related to Plaintiff’s medical records up to 21 days after

7

Defendants receive Plaintiff’s final medical records from all providers subpoenaed.

8
9

WHEREAS, on November 25, 2014, the Court issued an Order Regarding November 24,
2014 Discovery Conference providing that Defendants were entitled to discovery regarding

10

Plaintiff’s mental and physical health records for the time period beginning November 1, 2011,

11

through the present, from health care providers served with subpoenas;

12

WHEREAS, Defendants served the following health care providers with subpoenas:

13

Kaiser Permanente; Community Behavioral Health Center; the Fresno County Department of

14

Behavioral Health; and Roberta Samples, MSN, APRN, FNP-BC, Anderson Medical Associates;

15

WHEREAS, the Court’s order required the subpoenaed medical providers to produce

16

Plaintiff’s medical records on or before December 12, 2014, and extended the non-expert

17

discovery deadline for the parties to file any motion or application regarding this discovery issue

18

to no later than December 19, 2014;

19

WHEREAS, only one of Plaintiff’s health care providers produced responsive records by

20

the December 12, 2014 deadline; and, as of December 17, 2014, Community Behavioral Health

21

Center still has yet to provide any records, despite the Court’s order;

22

WHEREAS, while the remaining provider has represented that they will produce

23

Plaintiff’s medical records by Friday, December 19, 2014, that is insufficient time for Defendants

24

to review the records and determine whether any motion needs to be filed to address any

25

deficiencies (if any) or compel further related discovery;

26

WHEREAS, to allow adequate time to review the late produced records, the parties agree

27

and request that the Court extend the deadline to file any motions or applications related to the

28

medical records to January 1, 2015;

D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

-1ACTIVE/ 78273461.1

JOINT STIPULATION & ORDER TO EXTEND DEADLINES RE: MEDICAL RECORDS

1

WHEREAS, since Defendants cannot reasonably determine whether they will need to

2

designate a medical expert until they have received and reviewed Plaintiff’s medical records, the

3

parties agree that Defendants may designate a medical expert related to Plaintiff’s medical

4

records within 21 days of receipt of the final medical records;

5
6
7
8
9
10
11
12

WHEREAS, Defendants agree to promptly make any designated expert available for
deposition;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties
through their undersigned counsel of record that:
1.

The deadline to file any motions related to the medical records outlined is

extended to January 1, 2015.
2.

Defendants may designate a medical expert related to Plaintiff’s medical records

within 21 days of receipt of the final medical records.

13
14

Dated: December 19, 2014

DRINKER BIDDLE & REATH LLP

15
By: /s/ Philippe A. Lebel
Cheryl D. Orr
Philippe A. Lebel
Saba S. Shatara

16
17
18

Attorneys for Defendants
Kaplan, Inc. and
Kaplan Higher Education, LLC

19
20
21

Dated: December 23, 2014

BRYANT WHITTEN LLP

22
By: /s/ Amanda Witten
Amanda Whitten

23
24

Attorney for Plaintiff,
MARCELLA JACKSON

25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

-2ACTIVE/ 78273461.1

JOINT STIPULATION & ORDER TO EXTEND DEADLINES RE: MEDICAL RECORDS

1

ORDER

2

GOOD CAUSE APPEARING, the Court hereby approves this Joint Stipulation to

3

Extend Deadlines Re: Medical Records as set forth above.

4
5
6

IT IS SO ORDERED.
Dated:

/s/ Barbara

December 23, 2014

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

_

-3ACTIVE/ 78273461.1

JOINT STIPULATION & ORDER TO EXTEND DEADLINES RE: MEDICAL RECORDS