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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1 2 3 4 5 6 7 Steven M. Shewry, Esq. (SBN 106333) Christopher C. Saldaña, Esq. (SBN 269456) SHEWRY & SALDAÑA, LLP 402 West Broadway, Suite 950 San Diego, California 92101-8504 Telephone: (619) 233-8824 Facsimile: (619) 233-1002 Attorneys for Defendant INTERWEST INSURANCE SERVICES, INC. 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 HEALTHSMART BENEFIT SOLUTIONS, INC., an Illinois 12 corporation, 13 14 15 16 17 18 19 ) ) ) ) Plaintiff, ) ) vs. ) ) INTERWEST INSURANCE ) SERVICES, INC., a Florida ) corporation, and DOES 1 through 10, ) ) Defendants. ) ___ ) 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 20 To facilitate a meaningful mediation of this action, which currently is 21 scheduled to occur on February 13, 2017 before Hon. William Cahill (Ret), and in 22 order to save the parties’ resources from needless expenditure in the interim, and 23 further, for purposes of judicial economy, Plaintiff HealthSmart Benefit Solutions, 24 Inc. (“HealthSmart”) and Defendant InterWest Insurance Services, Inc. 25 (“InterWest”) believe that a 90 day continuance of the case management 26 conference (“CMC”) dates set forth in the Court’s June 22, 2016 Initial Scheduling 27 28 1 1 Order [Dkt #11] is both appropriate and needed. This is the parties’ first and only request for a continuance of any dates in 2 3 this matter, and it is made in good faith, immediately following the parties’ 4 assiduous taking of sufficient preliminary discovery so as to properly inform the 5 parties’ views as towards settlement. Accordingly, HealthSmart and InterWest, through their attorneys of record, 6 7 hereby jointly apply to the Court for a 90-day continuance of the CMC dates based 8 upon the following stipulation: 1. 9 The parties have agreed to mediate the dispute on February 13, 2017, 10 before Hon. William Cahill, Ret., at JAMS in San Francisco (a date which has 11 already been reserved with Judge Cahill’s assistant), or, should that date become 12 unavailable, at a mutually convenient date in February 2017, or are soon thereafter 13 as possible given the parties’ and mediator’s availability; 2. 14 The parties consent to and agree that all remaining case management 15 dates ordered by the Court’s June 22, 2016 Initial Scheduling Order [Dkt #11] may 16 be extended by 90 days, as requested in InterWest in its Motion to Modify the 17 Court’s Initial Scheduling Order [Dkt #16] currently set for hearing on January 12, 18 2017; 19 20 21 3. The parties agree to stay all discovery until and through February 28, 2017; and 4. HealthSmart consents to and agrees not to oppose InterWest’s motion 22 for leave to file a Third Party Complaint against Brown & Riding Insurance 23 Services, Inc., and Wells Fargo Insurance Services, Inc., that is set for hearing on 24 January 12, 2017. 25 26 27 28 2 1 DATED: December 23, 2016 2 By: /s/ Andrew H. Struve Andrew H. Struve, Esq. Attorneys for Plaintiff 3 4 5 MANATT, PHELPS & PHILLIPS, LLP DATED: December 23, 2016 6 By: /s/ Steven M. Shewry Steven M. Shewry, Esq. Attorneys for Defendant 7 8 ORDER 9 10 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. 14 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. 17 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 20 hereby GRANTED. Defendant is ordered to file its Third Party Complaint not 21 later than 14 days from the date of this order. 22 The January 12, 2017 hearing on the matter is also vacated. 23 IT IS SO ORDERED. 24 Dated: January 9, 2017 25 26 27 28 3

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