Fox v. Vision Service Plan

Filing 35

STIPULATION and ORDER signed by District Judge John A. Mendez on 6/23/2017 ORDERING the Designation of Expert Witnesses is RESET to 2/2/2018 and 2/9/2018; Discovery Deadline is RESET to 4/6/2018; Dispositive Motion filing Deadline is RESET to 5/8/2018; Dispositive motion hearing is RESET to 6/5/2018; Joint pretrial statement is DUE on 7/20/2018; Final Pretrial Conference is RESET to 7/27/2018 at 11:00 a.m; and Jury Trial is RESET to 9/10/2018 at 9:00 a.m. (Becknal, R)

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1 2 3 CRAIG S STEINBERG, O.D. (CA SBN 181902) LAW OFFICES OF CRAIG S STEINBERG 5737 Kanan Rd., #540 Agoura Hills, CA 91301 Telephone: 818-879-7919 Facsimile: 818-879-7950 4 5 For plaintiff Patricia Fox, O.D. 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 11 12 Case No. PATRICIA FOX, O.D., Plaintiffs, 13 14 STIPULATION AND ORDER CONTINUING SCHEDULING ORDER DATES vs. 15 VISION SERVICE PLAN; DOES 1-10, inclusive, 16 2:16-cv-02456-JAM-DB Defendant. 17 18 19 Plaintiff, Patricia Fox, O.D., and Defendant, Vision Service Plan (“VSP”), by and through their respective counsel of record, hereby stipulate, agree, and request as follows: RECITALS 20 21 22 23 24 25 26 27 28 WHEREAS, this Court issued a scheduling order on December 14, 2016; and WHEREAS, the Court set the following schedule: Deadline/Hearing Due/Set Designation of Expert Witnesses 7/21/2017 Discovery Deadline 09/29/2017 Dispositive Motion Deadline 11/07/2017 Final Pretrial Conference 01/26/2018 at 11:00 AM Jury Trial 3/12/2018 at 09:00 AM 1 STIPULATIONAND [PROPOSED] ORDER CONTINUING SCHEDULING ORDER DATES 1 2 3 4 WHEREAS, on February 24, 2017, this Court granted Plaintiff’s Motion for Preliminary Injunction and issued the Preliminary Injunction; and WHEREAS, Vision Service Plan appealed the Court’s order to the 9th Circuit Court of Appeals; and 5 WHEREAS, the appeal challenges, among other things, the Court’s legal ruling on 6 whether the Federal Arbitration Act preempts 28 CRC 1300.71.38, and the Court’s legal rulings 7 with respect to both procedural and substantive unconscionability; and 8 9 WHEREAS, the appellate briefing is now complete, but the 9th Circuit has indicated that it will set oral arguments in October 2017; and 10 WHEREAS, the ruling of the 9th Circuit is potentially determinative of one or more core 11 legal issues in this case and/or could significantly affect the nature and scope of relevant 12 evidence; and 13 WHEREAS, both plaintiff and defendant believe it would be in the best interest of the 14 parties and the Court to allow the appeals process to be completed before proceeding to litigating 15 and bringing the matter to trial and before investing substantial amounts of time and money into 16 discovery, expert witnesses, depositions, and dispositive motions; and 17 WHEREAS, counsel for the parties have met and conferred and both believe it would be 18 appropriate to continue the pending Scheduling Order dates for at least six months to allow time 19 to obtain the ruling of the 9th Circuit Court of Appeals; 20 NOW, THEREFORE, the parties, through counsel, stipulate and request that the Court 21 continue the dates set in the Dec. 14, 2016, scheduling order. 22 IT IS SO STIPULATED. 23 Dated: June 21, 2017 MANATT, PHELPS & PHILLIPS LLP 24 25 26 /s/ Andrew H. Struve _____________________________________ Andrew H. Struve Attorneys for Defendant Vision Service Plan 27 28 2 STIPULATIONAND [PROPOSED] ORDER CONTINUING SCHEDULING ORDER DATES 1 Dated: June 21, 2017 LAW OFFICES OF CRAIG S STEINBERG, O.D., PC 2 /s/ Craig S Steinberg, O.D. _____________________________________ Craig S Steinberg, O.D. Attorney for Plaintiff Patricia Fox, O.D. 3 4 5 6 7 ORDER 8 The Court, having reviewed the stipulation of the parties, and finding good cause to 9 continue the dates as requested, hereby orders as follows: 10 The new dates shall be as follows: 11 Deadline/Hearing New Due/Set 12 Designation of Expert Witnesses 2/2/2018 and 2/9/2018 Discovery Deadline 4/6/2018___________ Dispositive Motion filing Deadline 5/8/2018___________ Dispositive motion hearing 6/5/2018___________ Joint pretrial statement due 7/20/2018__________ Final Pretrial Conference 7/27/2018 at 11:00 a.m. Jury Trial 9/10/2018 at 9:00 a.m._ 13 14 15 16 17 18 19 20 Dated: 6/23/2017 21 22 23 /s/ John A. Mendez_____________ Hon. John Mendez United States District Court Judge 24 25 26 27 28 3 STIPULATIONAND [PROPOSED] ORDER CONTINUING SCHEDULING ORDER DATES

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