Horisons Unlimited v. Santa Cruz-Monterey-Merced Managed Medical Care Commission, et al

Filing 29

Stipulation To Continue Initial Scheduling Conference to July 31, 2014 at 10:00 AM in Yosemite (MJS) before District Judge Lawrence J. O'Neill, signed by Magistrate Judge Michael J. Seng on 04/14/2014. (Yu, L)

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Daniel O. Jamison, Esq. #76880
Christopher E. Seymour, Esq. # 126330
DOWLING AARON INCORPORATED
8080 N. Palm Avenue
Third Floor
Fresno, CA 93711
559-432-4500 Tel.
559-432-4590 Fax
[e-mail]; [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Horisons Unlimited, a California nonprofit
corporation, and Horisons Unlimited Health
Care, a California Corporation,

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Plaintiffs,

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vs.

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Santa Cruz-Monterey-Merced Managed
Medical Care Commission dba Central
California Alliance for Health; County of
Merced; The Board of Supervisors of the
County of Merced and the
Individual Members Thereof,

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Case No. 1:14-cv-00123 LJO/MJS
STIPULATION TO CONTINUE MAY 8,
2014 SCHEDULING CONFERENCE AND
RELATED FED. R. CIV. PROC. RULE 26
DATES AND ORDER THEREON
DATE: May 8, 2014
TIME: 10:00 a.m.
CRTM: 6

Defendants.

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1098724.1

STIPULATION TO CONTINUE SCHEDULING CONFERENCE

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The parties hereto, by and through the undersigned, hereby stipulate and agree

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that the Court may enter an order continuing the presently scheduled May 8, 2014 Scheduling

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Conference, the due date of the Fed. Rules of Civ. Procedure Rule 26(a) for exchange of Initial

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Disclosures, and the due date for the Joint Scheduling Report, as follows:

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1.

Date for Scheduling Conference: 45 days following the addition of parties

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to the action, if any, and the completion of the pleadings, meaning the last answer to the last

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counterclaim, if any, or last answer to a third party complaint, if any, whichever is later.

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2.

days following the aforementioned completion of the pleadings; and

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3.

The parties further stipulate and agree that this stipulation is offered to the Court
upon the following grounds:

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1.

2.

There are currently pending motions to dismiss under Rule 12(b)(6) and

12(b)(1) brought by both defendants and scheduled to be heard on April 28, 2014.

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On April 8, 2014, the attorneys for the parties held a lengthy Rule 26(f)

conference.

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The due date for the parties’ Joint Scheduling Report be set for 7 days

prior to the continued date for the Scheduling Conference.

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The due date for Initial Disclosures under Rule 26(a) be continued to 30

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There is also pending the County of Merced’s Motion for Sanctions under

Rule 11 scheduled to be heard on May 15, 2014.

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4.

At the Rule 26(f) conference, counsel for defendants asserted that the State

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of California and the United States of America must be added as parties to the action should the

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action survive the pending motions to dismiss.

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5.

At the Rule 26(f) conference counsel for Santa Cruz-Monterey-Merced

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Managed Medical Care Commission stated he expects to file one or more counterclaims should

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the action survive the pending motions to dismiss.

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1098724.1

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STIPULATION TO CONTINUE SCHEDULING CONFERENCE

DOWLING AARON INCORPORATED

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Dated: April 14, 2014

By: /s/Daniel O. Jamison________________
Daniel O. Jamison
Attorneys for Plaintiffs

Dated: April 14, 2014

By: /s/Roger S. Matzkind______________
Roger S. Matzkind, Esq.,
Attorneys for County of Merced

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WILKE FLEURY HOFFELT GOULD
& BIRNEY LLP

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Dated: April 11, 2014

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By: /s/Anthony R. Eaton___________________
Anthony R. Eaton, Esq.
Attorneys for Santa Cruz-Monterey-Merced
Managed Medical Care Commission
dba Central California Alliance for Health

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ORDER

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Based on the above stipulation and good cause appearing, the Initial Scheduling

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Conference set for May 8, 2014 at 10:00 am is CONTINUED to July 31, 2014 at 10:00 am

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before Magistrate Judge Michael J. Seng.

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IT IS SO ORDERED.
Dated:

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April 14, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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1098724.1

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STIPULATION TO CONTINUE SCHEDULING CONFERENCE

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W:\NETDRIVE\wdocs\maindocs\16082\001\01512212.DOCX

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1098724.1

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STIPULATION TO CONTINUE SCHEDULING CONFERENCE