Association of American Physicians & Surgeons, Inc. v. Brown et al

Filing 17

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 09/11/17 ORDERING that the hearing on the 13 Motion for Judgment on the Pleadings is RESET to 10/19/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. with defendant's Reply due 10/12/17. (Benson, A.)

1
2
3
4
5
6
7
8
9

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
NIROMI W. PFEIFFER, State Bar No. 154216
Supervising Deputy Attorney General
KATHLEEN A. LYNCH, State Bar No. 171901
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Edmund G. Brown, Jr. in
his official capacity as Governor of the State of
California, and Shelley Rouillard, in her official
capacity as the Director of the California
Department of Managed Health Care

10
11

IN THE UNITED STATES DISTRICT COURT

12

FOR THE EASTERN DISTRICT OF CALIFORNIA

13
14
15
16
17
18
19
20
21

ASSOCIATION OF AMERICAN
PHYSICIANS & SURGEONS, INC.,

2:16-cv-02441 MCE-EFB

JOINT STIPULATION TO CHANGE THE
Plaintiff, HEARING DATE OF DEFENDANTS
v.
MOTION FOR JUDGMENT ON THE
PLEADINGS FROM SEPTEMBER 21,
2017 TO OCTOBER 19, 2017 AND ORDER
EDMUND G. BROWN, JR., in his official
capacity as Governor of the State of
Date:
September 21, 2017
California, and Shelley Rouillard, in her
Time:
2:00 p.m.
official capacity as the Director of the
Dept:
7
California Department of Managed Health Judge:
The Hon. Morrison C. England, Jr.
Care,
Defendants. Trial Date: TBD
Action Filed: October 13, 2016

22
23
24
25

JOINT STIPULATION TO CONTINUE THE HEARING DATE OF DEFENDANTS
MOTION FOR JUDGMENT ON THE PLEADINGS FROM SEPTEMBER 21, 2017 TO
OCTOBER 19, 2017.
Association of American Physicians & Surgeons, Inc. and Defendants Edmund G. Brown,

26

Jr. in his official capacity as Governor of the State of California, and Shelley Rouillard, in her

27

official capacity as the Director of the California Department of Managed Health Care, by and

28
1
Joint Motion for Change of Hearing Date from Sept. 21, 2017 to October 19, 2017. (2:16-cv-02441 MCE-EFB)

1

through their respective counsel, hereby stipulate to continue the hearing date of September 21,

2

2017 to October 19, 2017.

3

WHEREAS, Defendants filed a Motion for Judgment on the Pleadings on August 10, 2017,

4

set for hearing for September 7, 2017, and based on the Court’s own Motion, the hearing was

5

continued to September 21, 2017.

6
7

WHEREAS, Plaintiff’s Opposition to Defendant’s Motion was filed on August 24, 2017
and Defendant’s Reply will be due on September 14, 2017.

8

WHEREAS, Deputy Attorney General Kathleen Lynch, counsel for State Defendants had a

9

medical emergency on August 29, 2017 and therefore State Defendants require additional time in

10

which to respond to Plaintiff’s Opposition to Defendant’s Motion for Judgment on the Pleadings.

11

WHEREAS, in the interest of justice and in an effort to enhance judicial efficiency and

12

preserve resources, Plaintiff agrees to grant State Defendants additional time in which to file a

13

Reply to the Motion for Judgment on the Pleadings and the parties agree to move the September

14

21, 2017 hearing to October 19, 2017.

15
16

WHEREAS, the extension sought will not alter any other date of any event or deadline
already fixed by Court Order.

17

NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that the date

18

in which State Defendants shall respond to Plaintiff’s opposition to Defendants Motion for

19

Judgment on the Pleadings in this action shall be continued from September 14, 2017 to October

20

12, 2017 and the hearing shall be continued to October 19, 2017.

21

///

22
23

///

24
25
26
27
28
2
Joint Motion for Change of Hearing Date from Sept. 21, 2017 to October 19, 2017. (2:16-cv-02441 MCE-EFB)

1

RESPECTFULLY SUBMITTED,

2

LAW OFFICE OF
ANDREW L. SCHLAFLY, PHV

RESPECTFULLY SUBMITTED,
XAVIER BECERRA
ATTORNEY GENERAL OF CALIFORNIA
NIROMI PFEIFFER
SUPERVISING DEPUTY ATTORNEY GENERAL

4

/S/ ANDREW L. SCHLAFLY

/S/ NIROMI PFEIFFER

5

ANDREW L. SCHLAFLY
(ADMITTED PRO HAC VICE)
939 OLD CHESTER ROAD
FAR HILLS, NJ 07931
ATTORNEY FOR PLAINTIFF ASSOCIATION OF
AMERICAN PHYSICIANS & SURGEONS, INC.

NIROMI PFEIFFER
SUPERVISING DEPUTY ATTORNEY GENERAL
ATTORNEYS FOR DEFENDANTS EDMUND G.
BROWN, JR. IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF THE STATE OF CALIFORNIA,
AND SHELLEY ROUILLARD, IN HER OFFICIAL
CAPACITY AS THE DIRECTOR OF THE
CALIFORNIA DEPARTMENT OF MANAGED
HEALTH CARE

3

6
7
8
9
10
11
12

ORDER

13
14
15
16

Good cause appearing, the Court hereby approves this Stipulation in its entirety.
IT IS SO ORDERED.
Dated: September 11, 2017

17
18
19
20
21
22
23
24
25
26
27
28
3
Joint Motion for Change of Hearing Date from Sept. 21, 2017 to October 19, 2017. (2:16-cv-02441 MCE-EFB)