Foothill Church, et al. v. Rouillard

Filing 74

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/7/2017 ORDERING the Director's deadline to answer or otherwise respond to Plaintiffs' Second Amended Complaint, and briefing and hearing on the Director's antic ipated motion to dismiss Plaintiffs' Second Amended Complaint, are set as follows: 12/6/2017: Motion to Dismiss or other response due; 1/5/2018: Opposition to Motion to Dismiss due; 1/26/2018: Reply re Motion Dismiss due; 2/9/2018: Hearing on Motion to Dismiss. The previous Order amending the Scheduling Order (ECF No. 67 ) is MODIFIED as follows: Designation of Expert Witnesses due by 9/14/2018; Discovery due by 8/31/2018; Dispositive Motions heard by 1/11/2019. (Zignago, K.)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
SUSAN M. CARSON, State Bar No. 135875
Supervising Deputy Attorney General
JOSHUA N. SONDHEIMER, State Bar No. 152000
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Michelle Rouillard, in her
official capacity as Director of the California
Department of Managed Health Care

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FOOTHILL CHURCH, CALVARY
CHAPEL OF CHINO HILLS and
SHEPHERD OF THE HILLS CHURCH,

2:15-CV-02165-KJM-EFB

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Plaintiffs, STIPULATION AND ORDER SETTING
BRIEFING AND HEARING SCHEDULE
v.
ON MOTION TO DISMISS SECOND
AMENDED COMPLAINT AND
MODIFYING CASE SCHEDULE
MICHELLE ROUILLARD, in her official
capacity as Director of the California
Department of Managed Health Care,
Defendant.

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STIP. AND ORDER RE MOTION TO DISMISS AND CASE SCHEDULES (2:15-CV-02165-KJM-EFB)

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

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Department of Managed Health Care (Director), and Plaintiffs Foothill Church, Calvary Chapel

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Chino Hills, and Shepherd of the Hills Church, by and through their attorneys of record, stipulate

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to and apply for an order extending the Director’s time to answer or otherwise respond to

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Plaintiffs’ Second Amended Complaint for Injunctive and Declaratory Relief (Second Amended

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Complaint), setting a briefing and hearing schedule on the Director’s anticipated motion to

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dismiss the Second Amended Complaint, and the modifying the previous Order amending the

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Scheduling Order (ECF No. 67).

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In support of this application, the parties state that WHEREAS:
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The Court has granted the Director’s motions to dismiss Plaintiffs’ initial Complaint

and a First Amended Complaint, with leave to amend (ECF Nos. 39 and 68);

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2.

Plaintiffs filed a Second Amended Complaint on October 23, 2017 (ECF 72);

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3.

The Director anticipates moving to dismiss Plaintiffs’ Second Amended Complaint,

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and the parties wish to establish a mutually agreeable schedule for briefing and hearing on the

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anticipated motion;

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4.

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

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that consistent with the Court’s previous orders continuing discovery and other pretrial deadlines

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while the Director’s prior motions to dismiss remained pending (see ECF Nos. 63, 65, and 67), it

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would be efficient and economical for both the Court and parties to further modify the Scheduling

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Order so that service of responses to written discovery and other discovery need not proceed until

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after the Court rules on the Director’s anticipated motion to dismiss Plaintiffs’ Second Amended

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Complaint;

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5.

Consistent with the above and their prior stipulations, the parties agree that if the case

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schedule is modified as requested below, the deadlines for responses to pending written discovery

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may be extended until 90 days before the deadline for the close of discovery, and that they will

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not pursue further discovery until after the Court’s ruling on the Director’s anticipated motion to

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dismiss or 120 days before the close of discovery, whichever is earlier;

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STIP. AND ORDER RE MOTION TO DISMISS AND CASE SCHEDULES (2:15-CV-02165-KJM-EFB)

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WHEREFORE, the parties STIPULATE that upon the Court’s order:

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6.

The Director’s deadline to answer or otherwise respond to Plaintiffs’ Second

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Amended Complaint, and briefing and hearing on the Director’s anticipated motion to dismiss

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Plaintiffs’ Second Amended Complaint, shall be set as follows:

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 December 6, 2017: Motion to Dismiss or other response due;

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 January 5, 2018: Opposition to Motion to Dismiss due;

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 January 26, 2018: Reply re Motion Dismiss due;

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 February 9, 2018: Hearing on Motion to Dismiss (or other date set by the Court); and

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that

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7.

In light of the above, good cause exists to modify the case schedule to extend the time

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for discovery and to modify other case deadlines respectively, and that the previous Order

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amending the Scheduling Order (ECF No. 67) shall be modified as follows:

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Description

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Existing Date
(See ECF No. 67)

New Date

March 2, 2018

August 31, 2018

Expert Disclosures

March 16, 2018

September 14, 2018

Supplemental Expert Disclosures

May 1, 2018

October 30, 2018

June 1, 2018

November 30, 2018

Hearing on Dispositive Motions

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Discovery Cutoff

Completion of Expert Discovery

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July 13, 2018

January 11, 2019

File Joint Pretrial Conference Statement
Final Pretrial Conference
Trial Briefs Due
Trial

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

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

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//
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STIP. AND ORDER RE MOTION TO DISMISS AND CASE SCHEDULES (2:15-CV-02165-KJM-EFB)

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IT IS SO STIPULATED.

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Dated: October 31, 2017

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

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/s/ Joshua Sondheimer
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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Dated: October 31, 2017

ALLIANCE DEFENDING FREEDOM

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/s/ Jeremiah Galus (as authorized on 10/31/17)
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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SF2015403026
41872600.docx

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STIP. AND ORDER RE MOTION TO DISMISS AND CASE SCHEDULES (2:15-CV-02165-KJM-EFB)

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ORDER

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Upon the stipulation of the parties, and good cause appearing:

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1.

The Director’s deadline to answer or otherwise respond to Plaintiffs’ Second

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Amended Complaint, and briefing and hearing on the Director’s anticipated motion to dismiss

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Plaintiffs’ Second Amended Complaint, are set as follows:

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 December 6, 2017: Motion to Dismiss or other response due;

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 January 5, 2018: Opposition to Motion to Dismiss due;

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 January 26, 2018: Reply re Motion Dismiss due;

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 February 9, 2018: Hearing on Motion to Dismiss.

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2.

The previous Order amending the Scheduling Order (ECF No. 67) shall be modified

as follows:

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Description

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Existing Date
(See ECF No. 67)

New Date

Discovery Cutoff

March 2, 2018

August 31, 2018

Expert Disclosures

March 16, 2018

September 14, 2018

Supplemental Expert Disclosures

May 1, 2018

October 30, 2018

Completion of Expert Discovery

June 1, 2018

November 30, 2018

Hearing on Dispositive Motions

July 13, 2018

January 11, 2019

File Joint Pretrial Conference Statement
Final Pretrial Conference
Trial Briefs Due
Trial Briefs Due

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).

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IT IS SO ORDERED.

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DATED: November 7, 2017.
UNITED STATES DISTRICT JUDGE

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STIP. AND ORDER RE MOTION TO DISMISS AND CASE SCHEDULES (2:15-CV-02165-KJM-EFB)