Foothill Church, et al. v. Rouillard

Filing 67

STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 8/11/17 ORDERING that the Discovery cutoff is RESET to 3/2/18; Expert Disclosures RESET to 3/16/18; Hearing on Dispositive Motions RESET to 7/13/18; Final Pretrial Conference, and Trial dates are VACATED. To be RESET after the court resolves any dispositive motions. This amendment does not alter any other portions of the initial scheduling order (ECF No. 51 ). (Becknal, R)

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Erik Stanley (Arizona Bar No. 030961)*
Kevin Theriot (Arizona Bar No. 030446)*
Jeremiah Galus (Arizona Bar No. 030469)*
Alliance Defending Freedom
15100 N. 90th Street
Scottsdale, AZ 85260
[phone]
[e-mail]
[e-mail]
[e-mail]

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Casey Mattox (Virginia Bar No. 47148)*
ALLIANCE DEFENDING FREEDOM
440 First Street, NW, Suite 600
Washington, DC 20001
[phone]
[e-mail]

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Alexander M. Medina (California Bar No. 222015)
MEDINA McKELVEY LLP
983 Reserve Drive
Roseville, CA 95678
[phone]
[e-mail]
Attorneys for Plaintiffs

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*Admitted pro hac vice

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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FOOTHILL CHURCH, CALVARY
CHAPEL OF CHINO HILLS, and
SHEPHERD OF THE HILLS CHURCH,

Plaintiffs, STIPULATION AND ORDER TO
MODIFY SCHEDULING ORDER

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2:15-CV-02165-KJM-EFB

v.

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MICHELLE ROUILLARD, in her official
capacity as Director of the California
Department of Managed Health Care,

Dept:
Judge:

Courtroom 3, 15th Fl.
Hon. Kimberly J. Mueller

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Defendant.
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Stipulation to Modify Scheduling Order (CV-02165-KJM-EFB)

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Plaintiffs Foothill Church, Calvary Chapel Chino Hills, and Shepherd of the Hills Church,

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and Defendant Michelle Rouillard, in her official capacity as Director of the California

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Department of Managed Health Care (Director), by and through their attorneys of record,

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stipulate and apply to modify the Status (Pretrial Scheduling) Order consistent with the provision

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of the Scheduling Order that intended discovery to proceed after a ruling on the Director’s Motion

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to Dismiss Plaintiffs’ First Amended Complaint, which has not yet been issued by the Court.

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In support of this application, the parties state that WHEREAS:

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1.

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Plaintiffs filed their Complaint on October 16, 2015, and the Court granted the

Director’s Motion to Dismiss the Complaint on July 11, 2016, with leave to amend two of
Plaintiffs’ claims (ECF No. 39);
2.

Plaintiffs filed a First Amended Complaint on August 1, 2016 (ECF No. 42), and the

Director moved to dismiss the First Amended Complaint on August 31, 2016 (ECF No. 47);
3.

On September 1, 2016, the Court held an initial scheduling conference, and issued a

Status (Pretrial Scheduling) Order on September 14, 2016 (ECF No. 51) (Scheduling Order);
4.

The hearing on the Director’s Motion to Dismiss Plaintiffs’ First Amended Complaint

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(Motion to Dismiss) was initially set for October 7, 2016, and was continued on the Court’s own

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motion to November 4, 2016 (ECF No. 57), and then to November 18, 2016 by the Court

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pursuant to the parties’ stipulation in light of a scheduling conflict for Plaintiffs’ counsel (ECF

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No. 59);

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5.

On November 15, 2016, the Court vacated the November 18, 2016 hearing on the

Director’s Motion to Dismiss and deemed the motion submitted without argument (ECF No. 61);
6.

In the Scheduling Order, the Court stayed the requirement to make initial disclosures

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until December 7, 2016 “to allow for the court’s hearing defendant’s motion to dismiss and

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issuing an order thereon.” (ECF No. 51, at 2);

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7.

The parties have made initial disclosures and served written discovery, but believe

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that, consistent with intent of the Scheduling Order, it would serve the interests of economy and

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efficiency to modify the Scheduling Order so that service of responses to written discovery, and

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Stipulation to Modify Scheduling Order (CV-02165-KJM-EFB)

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any deposition and expert discovery, need not proceed until after the Court’s anticipated ruling on

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the Director’s Motion to Dismiss;

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8.

Consistent with the above, the parties agree that if the case schedule is modified as

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requested below, the deadlines for responses to pending written discovery may be extended until

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90 days before the deadline for the close of discovery, and that they will not pursue further

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discovery until after the Court’s ruling on the Director’s Motion to Dismiss or 120 days before

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the close of discovery, whichever is earlier;

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9.

On February 17, 2017, the parties submitted a Stipulation and [Proposed] Order to

Modify the Scheduling Order for the reasons set forth above (ECF No. 62);
10. On March 1, 2017, the Court entered an Order modifying the dates and deadlines set
forth in the Scheduling Order (ECF No. 63);
11. Having received no ruling on the Director’s Motion to Dismiss, the parties submitted

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another Stipulation and [Proposed] Order to Modify the Scheduling Order on May 10, 2017,

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asking the Court to stay the relevant dates and deadlines until a ruling on the Director’s Motion to

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Dismiss or, alternatively, to adjust the dates and deadlines so that service of responses to written

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discovery, and any deposition or expert discovery, would not proceed until after the Court’s

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anticipated ruling (ECF No. 64);

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12. On May 19, 2017, the Court issued a Second Amendment to the Scheduling Order,
adjusting the dates and deadlines set forth in the Scheduling Order (ECF No. 65);
13. Pursuant to agreement of the parties, the Second Amendment to the Scheduling Order

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extended the deadline for responding to pending written discovery until September 1, 2017 (see

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ECF No. 64, at ¶ 8); and

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14. The Court has not yet issued an order on the Director’s Motion to Dismiss.
WHEREFORE, the parties STIPULATE that:
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In light of the above, good cause exists to modify the case schedule to extend the time

for discovery and to adjust other case deadlines accordingly;
2.

The case schedule shall, upon the Court’s order, be modified as follows:

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Stipulation to Modify Scheduling Order (CV-02165-KJM-EFB)

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a.

To avoid need for any further requests to modify the case schedule pending the

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Court’s ruling on the motion to dismiss, the dates and deadlines set forth in the Second

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Amendment to the Scheduling Order (ECF No. 65) shall be stayed until issuance of the order on

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the Director’s Motion to Dismiss. If the Court denies the Director’s motion in whole or part, the

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close of discovery shall be 120 days from the date of the Court’s order denying the Director’s

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motion to dismiss; the parties shall meet and confer regarding the case schedule and, within 14

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court days of the Court’s order, shall submit a proposed case schedule to the Court for approval.

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b.

In the alternative, the deadlines in the Scheduling Order shall be adjusted in

relation to the dates and time periods following the close of discovery set forth in the current
Scheduling Order, as follows:

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Description

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Existing Date
(See ECF No. 65)

New Date

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Discovery Cutoff

November 30, 2017

March 2, 2018

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Expert Disclosures

December 15, 2017

March 16, 2018

Supplemental Expert Disclosures

January 31, 2018

May 1, 2018

Completion of Expert Discovery

March 2, 2018

June 1, 2018

Hearing on Dispositive Motions

April 20, 2018

July 20, 2018

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File Joint Pretrial Conference Statement

July 20, 2018

December 14, 2018

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Final Pretrial Conference

August 10, 2018

January 11, 2019

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Trial Briefs Due

September 10, 2018

February 11, 2019

Trial

October 1, 2018

March 4, 2019

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IT IS SO STIPULATED.

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Respectfully submitted,

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Stipulation to Modify Scheduling Order (CV-02165-KJM-EFB)

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Dated: August 8, 2017

ALLIANCE DEFENDING FREEDOM

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/s/ Jeremiah Galus
JEREMIAH GALUS (admitted pro hac vice)
ALLIANCE DEFENDING FREEDOM
15100 N. 90th Street
Scottsdale, AZ 85260
[phone]
[e-mail]
Attorneys for Plaintiffs Foothill Church, Calvary
Chapel Chino Hills, and Shepherd of the Hills
Church

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Dated: August 8, 2017

XAVIER BECERRA
Attorney General of California
SUSAN M. CARSON
Supervising Deputy Attorney General

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/s/ Joshua Sondheimer (as authorized on 8/8/17)
JOSHUA N. SONDHEIMER
Deputy Attorney General
Attorneys for Defendant Michelle Rouillard, in
her official capacity as Director of the
California Department of Managed Health
Care

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Stipulation to Modify Scheduling Order (CV-02165-KJM-EFB)

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ORDER

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Upon stipulation of the parties, and good cause appearing, the court hereby modifies the

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dates and deadlines set forth in the Second Amendment to the Scheduling Order (ECF No. 65) as

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follows:

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The deadlines in the Second Amendment to the Scheduling Order shall be adjusted in

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relation to the dates and time periods following the close of discovery set forth in the current

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Scheduling Order, as follows:
Description

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Existing Date
(See ECF No. 65)

New Date

Discovery Cutoff

November 30, 2017

March 2, 2018

Expert Disclosures

December 15, 2017

March 16, 2018

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Supplemental Expert Disclosures

January 31, 2018

May 1, 2018

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Completion of Expert Discovery

March 2, 2018

June 1, 2018

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Hearing on Dispositive Motions

April 20, 2018

File Joint Pretrial Conference Statement

July 20, 2018

July 13, 2018
Vacated. To be reset after

Final Pretrial Conference

August 10, 2018

Trial Briefs Due

September 10, 2018

Trial

October 1, 2018

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court resolves any
dispositive motions.
Vacated. To be reset after
court resolves any
dispositive motions.
Vacated. To be reset after
court resolves any
dispositive motions.
Vacated. To be reset after
court resolves any
dispositive motions.

This amendment does not alter any other portions of the initial scheduling order (ECF No. 51).
IT IS SO ORDERED
DATED: August 11, 2017.

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UNITED STATES DISTRICT JUDGE

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[Proposed] Order Modifying Scheduling Order (CV-02165-KJM-EFB)