HealthSmart Benefit Solutions, Inc. v. InterWest Insurance Services, Inc.

Filing 21

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 1/9/2017 EXTENDING all case management dates set forth in the 11 Initial Pretrial Scheduling Order by 90 days; STAYING all discovery through 2/28/2017; DENYING 17 Motion t o Modify the Scheduling Order as moot; VACATING the hearing on said motion; GRANTING 16 Motion for Leave to File a Third Party Complaint; VACATING the hearing on said motion; ORDERING the defendant to file its Third Party Complaint within 14 days. (Michel, G.)

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Steven M. Shewry, Esq. (SBN 106333)
[e-mail]
Christopher C. Saldaña, Esq. (SBN 269456)
[e-mail]
SHEWRY & SALDAÑA, LLP
402 West Broadway, Suite 950
San Diego, California 92101-8504
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
INTERWEST INSURANCE SERVICES, INC.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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HEALTHSMART BENEFIT
SOLUTIONS, INC., an Illinois
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corporation,
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Plaintiff,
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vs.
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INTERWEST INSURANCE
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SERVICES, INC., a Florida
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corporation, and DOES 1 through 10, )
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Defendants.
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CASE NO. 2:16-CV-00144-MCE-AC
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE ALL
CASE MANAGEMENT DATES
AND FOR LEAVE TO FILE
THIRD PARTY COMPLAINT

Judge:

Morrison C. England, Jr.

Complaint Filed: January 22, 2016

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To facilitate a meaningful mediation of this action, which currently is

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scheduled to occur on February 13, 2017 before Hon. William Cahill (Ret), and in

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order to save the parties’ resources from needless expenditure in the interim, and

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further, for purposes of judicial economy, Plaintiff HealthSmart Benefit Solutions,

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Inc. (“HealthSmart”) and Defendant InterWest Insurance Services, Inc.

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(“InterWest”) believe that a 90 day continuance of the case management

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conference (“CMC”) dates set forth in the Court’s June 22, 2016 Initial Scheduling

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Order [Dkt #11] is both appropriate and needed.
This is the parties’ first and only request for a continuance of any dates in

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this matter, and it is made in good faith, immediately following the parties’

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assiduous taking of sufficient preliminary discovery so as to properly inform the

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parties’ views as towards settlement.
Accordingly, HealthSmart and InterWest, through their attorneys of record,

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hereby jointly apply to the Court for a 90-day continuance of the CMC dates based

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upon the following stipulation:
1.

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The parties have agreed to mediate the dispute on February 13, 2017,

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before Hon. William Cahill, Ret., at JAMS in San Francisco (a date which has

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already been reserved with Judge Cahill’s assistant), or, should that date become

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unavailable, at a mutually convenient date in February 2017, or are soon thereafter

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as possible given the parties’ and mediator’s availability;
2.

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The parties consent to and agree that all remaining case management

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dates ordered by the Court’s June 22, 2016 Initial Scheduling Order [Dkt #11] may

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be extended by 90 days, as requested in InterWest in its Motion to Modify the

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Court’s Initial Scheduling Order [Dkt #16] currently set for hearing on January 12,

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2017;

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3.

The parties agree to stay all discovery until and through February 28,

2017; and
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HealthSmart consents to and agrees not to oppose InterWest’s motion

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for leave to file a Third Party Complaint against Brown & Riding Insurance

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Services, Inc., and Wells Fargo Insurance Services, Inc., that is set for hearing on

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January 12, 2017.

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DATED: December 23, 2016

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By: /s/ Andrew H. Struve
Andrew H. Struve, Esq.
Attorneys for Plaintiff

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MANATT, PHELPS & PHILLIPS, LLP

DATED: December 23, 2016

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By: /s/ Steven M. Shewry
Steven M. Shewry, Esq.
Attorneys for Defendant

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ORDER

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SHEWRY & SALDAÑA, LLP

Pursuant to the parties’ stipulation, all case management dates set forth in

11 the Initial Pretrial Scheduling Order (ECF No. 11) are extended by 90 days, as
12 requested by InterWest in its Motion to Modify the Court’s Initial Scheduling
13 Order (ECF No. 16), and all discovery is stayed through February 28, 2017.
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In light of this stipulation and order, InterWest’s Motion to Modify the

15 Court’s Scheduling Order is DENIED as moot, and the January 12, 2017 hearing
16 on the matter is hereby vacated.
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Further, upon review of InterWest’s Motion for Leave to File a Third Party

18 Complaint and Memorandum of Points and Authorities in support thereof, and in
19 light of HealthSmart’s consent and non-opposition thereto, InterWest’s motion is
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Defendant is ordered to file its Third Party Complaint not

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The January 12, 2017 hearing on the matter is also vacated.

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IT IS SO ORDERED.

24 Dated:

January 9, 2017

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