Hackert v. Cigna Health and Life Insurance Company et al

Filing 115

ORDER signed by District Judge Kimberly J. Mueller on 3/20/2018 DIRECTING Plaintiff to oppose, within 14 days, the 114 Motion to Dismiss. If Hackert does not file an opposition with the court, the court will grant the motion as unopposed. (York, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN B. HACKERT, M.D.

Civ. No. 2:15-cv-01248-KJM-CKD PS

12
Plaintiff,

13
14
15
16
17

ORDER
v.
CIGNA HEALTH AND LIFE
INSURANCE COMPANY; CIGNA
HEALTH CORPORATION; CIGNA
HEALTHCARE OF CALIFORNIA, INC.;
and DOES 1-10,
Defendants.

18
19
20
21

CIGNA HEALTH AND LIFE
INSURANCE COMPANY; CIGNA
HEALTH CORPORATION; CIGNA
HEALTHCARE OF CALIFORNIA, INC.,
Counterclaimants,

22
23
24
25

v.
JOHN B. HACKERT, M.D.,
Counterdefendant.

26
27
28
1

1

Counterclaimants Cigna Health and Life Insurance Company, Cigna Health

2

Corporation, and Cigna Healthcare of California, Inc. (collectively “Cigna”) move to dismiss this

3

case (ECF No. 114) based on the parties’ joint representation that the case has settled (ECF No.

4

12). Cigna attaches to its motion a declaration by its counsel (ECF No. 114-1) indicating

5

counterdefendant Hackert does not oppose dismissal, and attaching an e-mail from Hackert

6

communicating his non-opposition. Given that Hackert’s non-opposition is in the form of an

7

email rather than a formal statement of non-opposition filed with the court, the court provides

8

Hackert with fourteen days to oppose Cigna’s motion. If Hackert does not file an opposition with

9

the court, the court will grant the motion as unopposed.

10
11

IT IS SO ORDERED.
DATED: March 20, 2018.

12
13
14

UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2