McDaniel v. Abbott Laboratories Group Health Care Plan et al

Filing 13

ORDER signed by District Judge Morrison C. England, Jr. on 10/2/2017 ORDERING this case shall be STAYED until the conclusion of the parties' VDRP proceeding and until any party's service of a Notice of Termination of Stay on all parties up on the conclusion thereof; the deadlines for Defendants Abbott and Moreland to respond to the Complaint shall be EXTENDED 15-days from the date of service of a Notice of Termination of Stay should the case not reach resolution in the VDRP proceeding; should the case not reach resolution in the VDRP proceeding, the parties are ORDERED to file a Notice of Termination of Stay with the Court not later than 20 days from the conclusion of that VDRP proceeding. CASE STAYED (Reader, L)

1 Harvey L. Leiderman (SBN 55838)
Email: [e-mail]
2 Michele Beilke (SBN 194098)
Email: [e-mail]
3 Jeffrey R. Rieger (SBN 215855)
Email: [e-mail]
4 May-tak Chin (SBN 288155)
Email: [e-mail]
5
REED SMITH LLP
6 101 Second Street, Suite 1800
San Francisco, CA 94105-3659
7 Telephone: [phone]
Facsimile: [phone]
8
Attorneys for Defendants Abbott Laboratories
9 Group Health Care Plan and Mary Moreland

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12

UNITED STATES DISTRICT COURT

13
14
15
16
17

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
SCOTT MCDANIEL,

Case No.: 2:17-cv-01602-MCE-CKD
Plaintiff

vs.

ABBOTT LABORATORIES GROUP HEALTH
18 CARE PLAN; MARY MORELAND, in her
Capacity as Plan Fiduciary, Divisional Vice
19 President, Compensation and Benefits, MATRIX
ABSENCE MANAGEMENT, Inc. as Co20 Fiduciary; QUANTUM HEALTH, also known as
ABBOTT CARE COORDINATORS; and DOES
21 1-25,
22

STIPULATION AND ORDER TO REFER
ACTION TO VOLUNTARY DISPUTE
RESOLUTION PROGRAM (VDRP)
PURSUANT TO LOCAL RULE 271 AND
TO STAY ACTION
Honorable Morrison C. England, Jr.

Defendants.

23
24
25
26
27
28
STIPULATION AND ORDER TO REFER ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP)
PURSUANT TO LOCAL RULE 271 AND TO STAY ACTION

1

WHEREAS, the Complaint was served on Defendant Abbott Laboratories Group Health

2 Care Plan (“Abbott”) on August 17, 2017.
3

WHEREAS, the Complaint was served on Defendant Mary Moreland (“Moreland”) on

4 August 22, 2017.
5

WHEREAS, on September 14, 2017, pursuant to Local Rule 144(a), Plaintiff and Defendants

6 stipulated to a 28-day extension of time for Defendants to respond to the Complaint, such that
7 Abbott’s response to the Complaint is due on October 5, 2017 and Moreland’s response to the
8 Complaint is due October 19, 2017.
9

WHEREAS, counsel for Plaintiff and Defendants Abbott and Moreland have met and

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 conferred, and agreed to refer the action to the Voluntary Dispute Resolution Program (“VDRP”)
11 and stay the case during the pendency of the VDRP proceeding.
12

WHEREAS, the parties agree that the deadlines for Defendants Abbott and Moreland to

13 respond to the Complaint shall be extended 15-days from the date of service of a Notice of
14 Termination of Stay should the case not reach resolution in the VDRP proceeding.
15

NOW THEREFORE, pursuant to Local Rule 271, the parties hereby agree to (1) submit the

16 above-entitled action to the VDRP, (2) stay the action during the pendency of the VDRP proceeding,
17 and (3) provide Defendants Abbott and Moreland a 15-day extension from the date of service of a
18 Notice of Termination of Stay to file their respective responsive pleadings to the Complaint.
19
20
21

IT IS SO AGREED.

22
23 Dated: October 2, 2017

PERKINS & ASSOCIATES

24
25
26

By: /s//Natalia D. Asbill
Natalia D. Asbill
Attorneys for Plaintiff Scott McDaniel

27
28
-1STIPULATION AND ORDER TO REFER ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP)
PURSUANT TO LOCAL RULE 271 AND TO STAY ACTION

1
2

Dated: October 2, 2017

REED SMITH LLP

3
4
5
6

By: /s/ May-tak Chin
May-tak Chin
Attorneys for Defendants Abbott Laboratories
Group Health Care Plan and Mary Moreland

7
8
9

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2STIPULATION AND ORDER TO REFER ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP)
PURSUANT TO LOCAL RULE 271 AND TO STAY ACTION

ORDER

1
2

IT IS HEREBY ORDERED that, based on the foregoing stipulation and good cause

3 appearing therefor, this case shall be stayed until the conclusion of the parties’ VDRP proceeding
4 and until any party’s service of a Notice of Termination of Stay on all parties upon the conclusion
5 thereof.
6

IT IS FURTHER ORDERED that the deadlines for Defendants Abbott and Moreland to

7 respond to the Complaint shall be extended 15-days from the date of service of a Notice of
8 Termination of Stay should the case not reach resolution in the VDRP proceeding.
9

Should the case not reach resolution in the VDRP proceeding, the parties are ordered to file a

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 Notice of Termination of Stay with the Court not later than twenty (20) days from the conclusion of
11 that VDRP proceeding.
12

IT IS SO ORDERED.

13 Dated: October 2, 2017
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND ORDER TO REFER ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP)
PURSUANT TO LOCAL RULE 271 AND TO STAY ACTION