Whitaker et al v. Health Net of California Inc et al

Filing 19

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/24/2011 ORDERING that the date by which Dfts Health Net, Inc., Health Net of California, Inc. and IBM Corporation must answer or otherwise respond to the Complaint is extended from 5/26/2011 to 7/11/2011. (Zignago, K.)

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CROWELL & MORING LLP
Jennifer S. Romano (CSB No. 195953, [e-mail])
515 South Flower St., 40th Floor
Los Angeles, California 90071
Telephone:
213.622.4750
Facsimile:
213.622.2690

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CROWELL & MORING LLP
Ethan P. Schulman (CSB No. 112466, [e-mail])
275 Battery Street, 23rd Floor
San Francisco, California 94111
Telephone:
415.986.2800
Facsimile:
415.986.2827
Attorneys for Defendants
HEALTH NET OF CALIFORNIA, INC.
and HEALTH NET, INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DWIGHT WHITAKER, individually and
on behalf of a class similarly situated
individuals,

Case No. 2:11-CV-00910 KJM (DADx)
CLASS ACTION

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Plaintiff,
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v.

STIPULATION AND ORDER
EXTENDING TIME TO RESPOND TO
COMPLAINT

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HEALTH NET OF CALIFORNIA, INC.;
HEALTH NET, INC.; and
INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Date:
Time:
Judge:

n/a
n/a
Hon. Kimberly J. Mueller

Defendant.

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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW

STIPULATION EXTENDING TIME
TO RESPOND TO COMPLAINT;
CASE NO. 2:11-CV-00910 KJM (DADx)

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WHEREAS, Defendants Health Net, Inc. and International Business Machines

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Corporation (collectively “Defendants”) currently must respond to the complaint by May 26,

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2011;

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WHEREAS, this case is related to the following cases pending in the Eastern District of

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California: Assavarungnirun v. Health Net, Inc., et al., Civil Case No. CV 11-1008-KJM-DAD;

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Avila v. Health Net, Inc., et al., Civil Case No. CV 11-1097-JAM-KJN; Bowman v. Health Net,

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Inc., et al., Civil Case No. CV 11-1320-JAM-JFM; and Bournas v. Health Net, Inc., et al., Civil

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Case No. CV 11-1262-GEB-DAD;

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WHEREAS, Health Net has recently been informed that two additional related cases will

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be transferred from the Central District of California to the Eastern District: Johnston v. Health

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Net, Inc., et al., Civil Case No. CV 11-02958 PA (JEMx); Kirk v. Health Net, Inc., Civil Case No.

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CV 11-02536 PA (JEMx);

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WHEREAS, there are two related cases pending in the Northern District of California:

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Green v. Health Net, Inc., et al., Civil Case No. CV 11-01797 JSW and Eandi v. Health Net, Inc.,

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et al., Civil Case No. C 11-2002 JSW1;

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WHEREAS, the parties are currently in discussions regarding methods to coordinate these
actions;
WHEREAS, Plaintiff agrees that it is appropriate to extend Defendants’ time to respond to
the Complaint in order to permit the parties further time to discuss coordination of these actions;
WHEREAS, the parties previously stipulated to a 21 day extension of Defendants’ time to
respond;
THEREFORE, the parties hereby stipulate that Defendants’ time to answer or otherwise
respond to the Complaint shall be extended to July 11, 2011.

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Defendants shall meet and confer with Plaintiff regarding any motion to be filed under

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Rule 12 of the Federal Rules of Civil Procedure, as required by paragraph 4(A) of this Court’s

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Due to an administrative error that occurred when the case was removed from state
court, the Eandi case is also pending in the Northern District under Civil Case No. C 11-2002
JSW C 11-2025 JSW.

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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW

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STIPULATION EXTENDING TIME
TO RESPOND TO COMPLAINT;
CASE NO. 2:11-CV-00910 KJM (DADx)

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standing order, no later than one week prior to filing such a motion. The meet and confer shall

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take place either by letter or by telephone conversation at a set and agreed upon time to

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thoroughly discuss the basis for any Rule 12 motion and any contentions that will be raised

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therein.

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Dated: May 20, 2011

CROWELL & MORING LLP

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By: /s/ Jennifer S. Romano
Jennifer S. Romano
Attorneys for Defendants
Health Net of California, Inc. and
Health Net, Inc.

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Dated: May 20, 2011

KELLER GROVER LLP

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By: /s/ Eric A. Grover (as authorized on 5/20/11)
Eric A. Grover
Attorneys for Plaintiff
Dwight Whitaker

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Dated: May 20, 2011

QUINN EMANUEL URQUHART &
SULLIVAN LLP

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By: /s/ Karin Kramer (as authorized on 5/20/11)
Karin Kramer
Attorneys for Defendant
IBM Corp.

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ORDER

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Based on the stipulation of the parties, and good cause appearing, the date by which

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Defendants Health Net, Inc., Health Net of California, Inc. and IBM Corporation must answer or
otherwise respond to the Complaint is extended from May 26, 2011 to July 11, 2011.

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IT IS SO ORDERED.
DATED: May 24, 2011.

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UNITED STATES DISTRICT JUDGE

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DCACTIVE-15259735.1

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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW

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STIPULATION EXTENDING TIME
TO RESPOND TO COMPLAINT;
CASE NO. 2:11-CV-00910 KJM (DADx)