BPM Health Group, LLC v. Sutherland Healthcare Solutions, Inc.

Filing 18

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 1/28/2019 EXTENDING the non-expert discovery deadline to 10/1/2019. All related dates described in 2 Initial Pretrial Scheduling Order shall be calculated in accordance with that new non-expert discovery deadline. (Huang, H)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Ryan D. Marshall, #275952
[e-mail]
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone:
[phone]
Facsimile:
[phone]
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Whitney, Thompson & Jeffcoach LLP
6 Marshall C. Whitney, #82952
[e-mail]
7 Kristi D. Marshall, #274625
[e-mail]
8 8050 N Palm Avenue, Suite 110
Fresno, CA 93711-5510
9 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff
11 BPM HEALTH GROUP, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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BPM HEALTH GROUP, LLC,
Plaintiff,
v.

Case No. 2:18-cv-00384-MCE-EFB
STIPULATION AND ORDER TO
MODIFY SCHEDULING ORDER

SUTHERLAND HEALTHCARE
20 SOLUTIONS, INC.; and DOES 1 through 10,
Inclusive,
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Defendants.
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IT IS HEREBY STIPULATED AND AGREED between BPM HEALTH GROUP, LLC

24 (“Plaintiff”) and SUTHERLAND HEALTHCARE SOLUTIONS, INC. (“Defendant”) (collectively
25 the “Parties”), through their respective counsel, that the Initial Pretrial Scheduling Order [i.e.
26 Document No. 2] be modified to extend the non-expert discovery deadline of February 16, 2019. In
27 accordance with Federal Rule of Civil Procedure, Rule 16(b), the Parties submit that there is good
28 cause for the requested modification, and respectfully request that the Court enter an Order granting
MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

010017-000001 5634622.1

STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

1 the modification sought herein. The good cause is as follows:
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1.

The Parties initially refrained from engaging in formal discovery in an attempt to

3 resolve this matter informally. The purpose for refraining from formal discovery was for economic
4 efficiency. In an attempt to informally resolve the case, that Parties did produce preliminary key
5 documents so that Defendants would have the opportunity to analyze Plaintiffs claims to determine
6 whether further settlement discussions may be feasible.
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2.

As part of the settlement discussions, the Parties exchanged numerous

8 correspondence and participated in multiple telephone discussions in an effort to resolve this matter.
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3.

Despite their substantial and good faith efforts to reach an early resolution of this

10 matter, the Parties recently determined that settlement efforts will not be successful without
11 completing formal discovery including the taking of certain key depositions.
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4.

Because many of the witnesses involved in this case reside out of state, and some

13 even potentially out of country, the scheduling of these depositions will take more time than remains
14 in the current non-expert discovery cut-off order.
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5.

Because the deposition of these witnesses will be vital to re-examining the further

16 potential for settlement, the Parties agree that extending the non-expert discovery deadline as
17 follows:
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a) The parties shall issue all initial written requests for documents and interrogatories

19 on or before March 15, 2019;
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b) The parties shall complete the production of documents on or before August 2, 2019;

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c) The parties shall complete depositions of fact witnesses on or before September 27,

22 2019; and
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d) The parties shall complete all non-expert discovery on or before October 1, 2019;

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6.

The foregoing schedule may be further extended only for good cause.

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7.

The failure of any party to adhere to the foregoing schedule shall constitute a waiver

27 of that party's ability to take further fact discovery in this action.
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MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

8.

NOW, THEREFORE, the Parties jointly request and HEREBY STIPULATE that the

010017-000001 5634622.1

2
STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

1 deadline for non-expert discovery be extended to October 1, 2019 in accordance with the foregoing
2 schedule.
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

3 Dated: January 25, 2019
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By:

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/s/ Ryan D. Marshall
Ryan D. Marshall
Attorneys for Plaintiff
BPM HEALTH GROUP, LLC

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WOODS OVIATT GILMAN LLP

9 Dated: January 25, 2019
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/s/ Brian J. Capitummino
Brian J. Capitummino
Attorneys for Defendant
SUTHERLAND HEALTHCARE SOLUTIONS,
INC.
By:

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MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

010017-000001 5634622.1

3
STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

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ORDER
Pursuant to the Stipulation of the Parties (ECF No. 17), and good cause appearing therein,

3 the non-expert discovery deadline is hereby extended to October 1, 2019 and all related dates
4 described in the Court’s Initial Pretrial Scheduling Order of February 20, 2018 (ECF No. 2) shall be
5 calculated in accordance with that new non-expert discovery deadline.
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IT IS SO ORDERED.

7 Dated: January 28, 2019
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MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

010017-000001 5634622.1

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STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER

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PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF FRESNO
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At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
4 Street, Fresno, CA 93720.
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On January 25, 2019, I served true copies of the following document(s) described as
STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER on the interested parties
6 in this action as follows:
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Erich Drotleff, Esq.
Director, Legal Counsel
Sutherland Healthcare Solutions, Inc.
2 Brighton Road, #300
Clifton, New Jersey 07012

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Brian J. Capitummino
Warren B. Rosenbaum
Woods, Oviatt Gilman LLP
700 Crossroads Building
2 State street
Rochester, NY 14614

BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed the
11 document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who
are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who
12 are not registered CM/ECF users will be served by mail or by other means permitted by the court
rules.
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I declare under penalty of perjury under the laws of the United States of America that the
14 foregoing is true and correct and that I am employed in the office of a member of the bar of this
Court at whose direction the service was made.
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Executed on January 25, 2019, at Fresno, California.
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/s/ Cydney M. Gonzales
Cydney M. Gonzales

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MCCORMICK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

010017-000001 5634622.1

STIPULATION AND ORDER TO MODIFY SCHEDULING ORDER