Foothill Church, et al. v. Rouillard

Filing 85

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 12/3/18 ORDERING discovery cutoff CONTINUED to 8/30/2019; Designation of Expert Witnesses CONTINUED to 9/13/2019; Supplemental Expert Disclosures CONTINUED to 10/25/2019; Completion of Expert Discovery CONTINUED to 11/27/2019; Hearing date on dispositive motions CONTINUED to 1/17/2020. This amendment does not alter any other portions of the initial scheduling order 51 . (Kaminski, H)

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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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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,

2:15-CV-02165-KJM-EFB

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Plaintiffs, STIPULATION AND ORDER TO
MODIFY SCHEDULING ORDER

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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

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’ Second 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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The Court has granted the Director’s motions to dismiss Plaintiffs’ initial Complaint

and 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 No. 72);

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3.

The Director filed a Motion to Dismiss Plaintiffs’ Second Amended Complaint

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(Motion to Dismiss) on December 6, 2017, and a hearing on that motion was scheduled for

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February 9, 2018;

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4.

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On February 2, 2018, the Court vacated the February 9, 2018 hearing and deemed the

Motion to Dismiss submitted without argument (ECF No. 80);
5.

The parties have made initial disclosures and served written discovery. Under the

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current scheduling order, responses to written discovery are due November 30, 2018. (See ECF

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No. 83 at ¶ 7).

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6.

The parties agree that, consistent with the Court’s previous orders continuing

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discovery and other pretrial deadlines while the Director’s earlier motions to dismiss remained

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pending (see ECF Nos. 63, 65, 67, 74, and 83), it would be efficient and economical for both the

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Court and parties to further modify the scheduling order so that service of responses to written

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discovery and other discovery need not proceed until after the Court rules on the Director’s

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motion to dismiss Plaintiffs’ Second Amended Complaint;

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7.

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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Stipulation to Modify Scheduling Order (2:15-CV-02165-KJM-EFB)

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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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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 previous Order amending the Scheduling Order (ECF No. 83) shall, upon the

Court’s order, be modified as follows:
Description

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Existing Date
(See ECF No. 83)

New Date

Discovery Cutoff

March 1, 2019

August 30, 2019

Expert Disclosures

March 15, 2019

September 13, 2019

Supplemental Expert Disclosures

April 29, 2019

October 25, 2019

Completion of Expert Discovery

May 31, 2019

November 27, 2019

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Hearing on Dispositive Motions

July 12, 2019 at 10 a.m.

January 17, 2020 at 10 a.m.

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

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

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Joint Pretrial Conference Statement
Final Pretrial Conference
Trial Briefs Due
Trial

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IT IS SO STIPULATED.

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Dated: November 27, 2018

Respectfully submitted,
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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Stipulation to Modify Scheduling Order (2:15-CV-02165-KJM-EFB)

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Dated: November 27, 2018

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

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/s/ Joshua Sondheimer (as authorized on 11/27/18)
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 (2:15-CV-02165-KJM-EFB)

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ORDER
Upon stipulation of the parties, and good cause appearing, the previous Order amending the
Scheduling Order (ECF No. 83) shall be modified as follows:
Description

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Existing Date
(See ECF No. 83)

New Date

Discovery Cutoff

March 1, 2019

August 30, 2019

Expert Disclosures

March 15, 2019

September 13, 2019

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Supplemental Expert Disclosures

April 29, 2019

October 25, 2019

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Completion of Expert Discovery

May 31, 2019

November 27, 2019

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Hearing on Dispositive Motions

July 12, 2019 at 10 a.m.

January 17, 2020 at 10 a.m.

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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This amendment does not alter any other portions of the initial scheduling order (ECF No. 51).
IT IS SO ORDERED
DATED: December 3, 2018.

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UNITED STATES DISTRICT JUDGE

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Order Modifying Scheduling Order (CV-02165-KJM-EFB)