Kern County Hospital Authority v. UnitedHealthcare Insurance Company, et al.

Filing 42

ORDER DISCHARGING the Order to Show Cause Dated May 28, 2019 (Doc. 39 ) and GRANTING the Parties an Extension of Time to File the Stipulation, signed by Magistrate Judge Jennifer L. Thurston on 6/12/2019. Stipulated dismissal due by 8/12/2019. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KERN COUNTY HOSPITAL AUTHORITY, )
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Plaintiff,
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v.
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UNITEDHEALTHCARE INSURANCE
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COMPANY, et al.,
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Defendants.
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Case No.: 1:18-cv-0473 - DAD - JLT
ORDER DISCHARGING THE ORDER TO SHOW
CAUSE DATED MAY 28, 2019 (DOC. 39) AND
GRANTING THE PARTIES AN EXTENSION OF
TIME TO FILE THE STIPULATION

Previously, the parties filed a “Joint Notice of Settlement,” indicating they agreed to settle the

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action and anticipated filing a stipulation for dismissal within sixty days. (Doc. 37 at 1) Accordingly,

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the Court directed the parties to file a stipulated request for dismissal no later than May 24, 2019.

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(Doc. 38) After the parties failed to file a stipulation regarding dismissal, the Court ordered the parties

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to show cause why sanctions should not be imposed for their failure to comply with the Court’s order.

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(Doc. 39)

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On June 11, 2019, Plaintiff and Defendants filed separate responses to the Court’s order, each

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indicating the parties required more time than anticipated to finalize the terms of the settlement.

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(Docs. 40, 41) According to Defendants, on May 23, 2019, their counsel advised Plaintiff that the

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“final requested revisions to the settlement agreement were acceptable,” and Defendants requested

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“Plaintiff to forward the executed settlement agreement so that the settlement payment could be

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processed.” (Doc. 40 at 2) Plaintiff’s counsel, Aanchal Sanghvi, reports the agreement was sent to
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Kern County for signature, and the Board’s review of the agreement “should be completed soon.”1

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(Doc. 41 at 2) Defendants report they will “need thirty days from the receipt of the executed settlement

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agreement to process the settlement payment.” (Doc. 40 at 2) Thus, Plaintiff requests the parties be

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given an extension of sixty days to file the joint statement, which would allow for time to “fully

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execute the agreement” and for Defendants to process the settlement payment. (Doc. 41 at 2)

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Based upon the information provided by the parties, the Court ORDERS:

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1.

The order to show cause dated May 23, 2019 (Doc. 39) is DISCHARGED; and

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2.

The parties are granted an extension of time and SHALL file a joint stipulation to
dismiss the action no later than August 12, 2019.

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The parties are advised that failure to comply with this deadline may result in the Court

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imposing sanctions, including the dismissal of the action.

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IT IS SO ORDERED.

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Dated:

June 12, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The Court is perplexed by the differing versions of the status of the settlement.

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