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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CRAIG S STEINBERG, O.D. (CA SBN 181902)
LAW OFFICES OF CRAIG S STEINBERG
5737 Kanan Rd., #540
Agoura Hills, CA 91301
Telephone: [phone]
Facsimile: 818-879-7950
[e-mail]

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For plaintiff Patricia Fox, O.D.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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Case No.

PATRICIA FOX, O.D.,
Plaintiffs,

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STIPULATION AND ORDER
CONTINUING SCHEDULING ORDER
DATES

vs.

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VISION SERVICE PLAN; DOES 1-10,
inclusive,

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2:16-cv-02456-JAM-DB

Defendant.

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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

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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
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STIPULATIONAND [PROPOSED] ORDER CONTINUING SCHEDULING ORDER DATES

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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

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WHEREAS, the appeal challenges, among other things, the Court’s legal ruling on

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whether the Federal Arbitration Act preempts 28 CRC 1300.71.38, and the Court’s legal rulings

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with respect to both procedural and substantive unconscionability; and

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WHEREAS, the appellate briefing is now complete, but the 9th Circuit has indicated that
it will set oral arguments in October 2017; and

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WHEREAS, the ruling of the 9th Circuit is potentially determinative of one or more core

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legal issues in this case and/or could significantly affect the nature and scope of relevant

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evidence; and

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WHEREAS, both plaintiff and defendant believe it would be in the best interest of the

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parties and the Court to allow the appeals process to be completed before proceeding to litigating

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and bringing the matter to trial and before investing substantial amounts of time and money into

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discovery, expert witnesses, depositions, and dispositive motions; and

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WHEREAS, counsel for the parties have met and conferred and both believe it would be

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appropriate to continue the pending Scheduling Order dates for at least six months to allow time

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to obtain the ruling of the 9th Circuit Court of Appeals;

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NOW, THEREFORE, the parties, through counsel, stipulate and request that the Court

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continue the dates set in the Dec. 14, 2016, scheduling order.

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IT IS SO STIPULATED.

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Dated: June 21, 2017

MANATT, PHELPS & PHILLIPS LLP

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/s/ Andrew H. Struve
_____________________________________
Andrew H. Struve
Attorneys for Defendant Vision Service Plan

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STIPULATIONAND [PROPOSED] ORDER CONTINUING SCHEDULING ORDER DATES

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Dated: June 21, 2017

LAW OFFICES OF CRAIG S STEINBERG, O.D., PC

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/s/ Craig S Steinberg, O.D.
_____________________________________
Craig S Steinberg, O.D.
Attorney for Plaintiff Patricia Fox, O.D.

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ORDER
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The Court, having reviewed the stipulation of the parties, and finding good cause to
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continue the dates as requested, hereby orders as follows:
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The new dates shall be as follows:
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Deadline/Hearing

New Due/Set

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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._

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Dated: 6/23/2017
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/s/ John A. Mendez_____________
Hon. John Mendez
United States District Court Judge

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STIPULATIONAND [PROPOSED] ORDER CONTINUING SCHEDULING ORDER DATES