Saint Agnes Medical Center v. HCC Medical Insurance Services, LLC

Filing 16

Joint STIPULATION and ORDER to Continue Deadline to Conduct Previously Scheduled Depositions: the non-expert discovery cut off, as it pertains only to each parties' respective deposition notice previously served, shall be extended from October 9, 2017 to October 20, 2017. Further, it is agreed that no party shall object to the timeliness of the above referenced depositions as long as said depositions are completed in accordance with the new date set forth herein. signed by Magistrate Judge Barbara A. McAuliffe on 9/26/2017. (Herman, H)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

10
SAINT AGNES MEDICAL CENTER, a Case No.: 1:16−CV−01535−LJO−BAM
California non-profit public benefit
12 corporation,
JOINT STIPULATION AND
[PROPOSED] ORDER TO
13
CONTINUE DEADLINE TO
Plaintiff,
14
CONDUCT PREVIOUSLY
SCHEDULED DEPOSITIONS
vs.
15
Assigned for All Purposes to: Hon.
16 HCC MEDICAL INSURANCE
SERVICES, LLC, a Wisconsin for profit Lawrence J. O’Neill
17 limited liability corporation and DOES 1
Non- expert
18 through 25, Inclusive,
Discovery cutoff: September 8, 2017
19
Pretrial Conference: February 27, 2018
20
Defendant.
Trial:
April 10, 2018
21
11

22
23
24
25
26
27
28

AGREEMENT TO CONTINUE DEADLINE TO CONDUCT PREVIOUSLY
SCHEDULED DEPOSITIONS
The parties to the present action, Plaintiff SAINT AGNES MEDICAL
CENTER, a California non-profit public benefit corporation (“St. Agnes”) and

1

Defendant HCC MEDICAL INSURANCE SERVICES, LLC, a Wisconsin for

2

profit limited liability corporation (“HCC”), hereby agree to the following:

3
4

RECITALS

5

WHEREAS, on January 12, 2017, St. Agnes’ and HCC’s counsel entered

6

into a Joint Scheduling Report and Proposed Discovery Plan pursuant to Federal

7

Rules of Civil Procedure 26(f);

8
9
10
11
12
13

WHEREAS, the parties agreed, and the Court ordered, to set the following
deadline: Non- expert Discovery cutoff to September 8, 2017;
WHEREAS, St. Agnes timely served a deposition notice on HCC on
August 23, 2017;
WHEREAS, HCC timely served a deposition notice on St. Agnes on
August 28, 2017;

14

WHEREAS, HCC’s availability for deposition was compromised due to

15

the natural disaster in Houston Texas and, as a result, the Court granted an order

16

on September 5, 2017 (Dkt. No. 12) continuing the deadline to conduct the two

17

noticed depositions to October 9, 2017; and

18

WHEREAS, since the re-opening of HCC’s office in Houston, the parties

19

have made substantive progress in settlement negotiations, and would like further

20

opportunity to pursue settlement without incurring the cost of PMK depositions,

21

which will include substantial travel costs; and

22
23

WHEREAS, the parties have agreed that it is in the parties’ best interests,
as well as the Court’s interest, to continue the following deadline in this case;

24

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

25

among the parties, through their respective counsel of record: the non-expert

26

discovery cut off, as it pertains only to each parties’ respective deposition notice

27

previously served, shall be extended to October 20, 2017. Further, it is agreed

28

that no party shall object to the timeliness of the above referenced depositions as

1

long as said depositions are completed in accordance with the new date set forth

2

herein.

3
4

Dated: September 25, 2017

5
6

By: /s/ Mina Morkos (as authorized on
9/22/17)
Mina Morkos
Attorney for
SAINT AGNES MEDICAL CENTER, a
California non-profit public benefit
corporation

7
8
9
10
11
12

LAW OFFICES OF STEPHENSON,
ACQUISTO & COLMAN, INC.

Dated: September 25, 2017

HINSHAW & CULBERTSON LLP
By: /s/ Travis Wall
Travis Wall
Jared W. Matheson
Attorneys for
HCC MEDICAL INSURANCE
SERVICES, LLC, a Wisconsin for profit
limited liability corporation

13
14
15
16
17
18

ORDER

19
20

IT IS SO ORDERED THAT the non-expert discovery cut off, as it pertains only to

21

each parties’ respective deposition notice previously served, shall be extended

22
23

from October 9, 2017 to October 20, 2017. Further, it is agreed that no party

24

shall object to the timeliness of the above referenced depositions as long as said

25

depositions are completed in accordance with the new date set forth herein.

26
27
28

Dated:

September 26, 2017

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE